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(영문) 인천지방법원 2016.09.12 2016고단2543
업무상횡령
Text

The defendant shall be punished by imprisonment with prison labor for three months and by imprisonment for three months for the crimes of No. 4 in the holding.

Reasons

Punishment of the crime

From July 2012 to February 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution for the crimes of violation of road traffic laws (driving) committed by the Incheon District Court on May 1, 2014, as the director of the division of the system cooperation business in the victim system cooperation project from July 2012 to February 2014.

9. The same year, the punishment of which has been finalized and sentenced for eight months by imprisonment for a violation of road traffic laws at the Incheon District Court on February 17, 2016.

4. 26. The above sentence became final and conclusive.

1. On October 2, 2012, the Defendant received KRW 10 million from the Cheongmcom Co., Ltd.’s conference to the NA account in the name of No. D, and deposited for the victim company, the Defendant arbitrarily remitted KRW 2 million to the mutual cooperation that he purchased on October 5, 2012 in the name of the Management Bank of Korea under the name of the Management Bank of Korea.

2. On January 10, 2013, the Defendant received KRW 5 million from the Cheongmcom Association to transfer the money to the said account and kept the money on behalf of the victim company, and requested the installation of air conditioners individually on the same day.

E arbitrarily remitted 5 million won to E under the pretext of installation.

3. On January 25, 2013, the Defendant received KRW 9.2 million from the Cheongmcom Association to transfer the amount to the said account, and kept it for the victim company, and used it voluntarily as expenses for installation of air conditioners, living expenses, etc. individually requested by the victim around that time.

4. On May 23, 2015, the Defendant received KRW 18,90,000 from the Cheongmcom Association to transfer the money to the said account and kept it for the victim company, and used it voluntarily by means of installation cost, living cost, etc. of air conditioners individually requested by the victim around that time.

Accordingly, the defendant, while keeping 35,100,000 won in total for the victim company, has been embezzled in business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. A copy of each process certificate and a debt certificate;

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