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Reasons
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(영문) 울산지방법원 2015.07.10 2014고정1588
업무상횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from May 27, 2013 to January 16, 2014, transported cargo from the victim C’s employees from around May 27, 2013 to the delivery fee.

On December 30, 2013, the Defendant collected 4.20,000 won from the Republic of Korea in the Republic of Korea in the Republic of Korea, Jeonnam-do, Jeonnam-do, for delivery of witrus to Busan, and consumed them for personal purposes, such as living expenses, etc. around that time.

From around that time to January 15, 2014, the Defendant spent the total of KRW 4,545,000, which he had been engaged in business for the victim, by collecting from the south of Korea, as indicated in the list of crimes in the attached Form.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Judgment on the argument of the defendant and his/her defense counsel

1. The Defendant asserts to the effect that, on January 7, 2014, the Defendant remitted KRW 1,412,00 to E’s account as an employee of the victim, the amount should be deducted from the amount of embezzlement of this case. The Defendant’s claim on the refund of transport charges against the Defendant is in a set-off against the Defendant’s claim on the victim’s benefits and distribution expense, and thus, the Defendant cannot be deemed as a set-off of his/her claim as an automatic claim.

2. According to the evidence duly admitted and examined, the fact that the Defendant transferred KRW 1,412,00 to E’s Agricultural Cooperative account, an employee of the victim, on January 7, 2014 is recognized, but according to the statement of dispatch (in pages 22, 23 of the Investigation Record) by a transport transaction between the victim and the Plaintiff on January 7, 2014 (i.e., the sum of the vehicle fares of KRW 2,182,400 (i.e., KRW 570,00, KRW 1,612,400), according to the facts charged in the instant case, the fact that the sum of the vehicle fares by a transport transaction between the victim and the Plaintiff on January 7, 2014 is 2,182,400 (= KRW 570,000).

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