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(영문) 대구지방법원 2015.04.10 2014고단2781
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from November 11, 201, has been engaged in the above company’s accounting and business as a director of the “stock company D”, the victim in Busan City, who was the victim in C from November 201.

1. Around December 23, 2011, the Defendant withdrawn KRW 5,000,000 from the Agricultural CFE branch, which was 75 roads at the Sinsan-si university, and then consumed for personal use at the Daegu-si National University around that time, while taking charge of business affairs at the office of the said company, and keeping passbooks and physical cards connected to the corporate account of the said company for business purposes.

From around that time to April 4, 2013, the Defendant embezzled the victim’s property by consuming the total amount of KRW 24,211,059 by the same method 28 times from the Daegu Roster, such as the list of crimes (1) in attached Form 1.

2. On January 25, 2012, the Defendant: (a) transferred KRW 2,780,000 to the account in the name of E, the denying of the Defendant, while in charge of accounting and business affairs at the above victim’s office; and (b) transferred the company’s operating funds to the said office for the said company; and (c) consumed the Defendant’s personal use, such as living expenses, from the members of Daegu Siwon.

From around that time to February 26, 2013, the Defendant embezzled the victim’s property by consuming the total amount of KRW 47,200,630 by the same method 37 times from the Daegu Roster, such as the list of crimes (2) as shown in the attached Table of Crimes (2).

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Each legal statement of witness F, G and H in the second protocol of the trial;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. E direct transfer and H, I, and J account details, each statement of cash withdrawal compiled, each statement of account withdrawal compiled, each account copy, each copy of each passbook, each certified copy of the corporate register, each certified copy of the certified transcript of the company register, A’s claim for interest, modern card use statement, card transaction details, card transaction details, each individual Act, use of card, collection (request for loans) and each other.

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