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(영문) 대구지방법원 서부지원 2018.12.19 2018고단1302
업무상횡령
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of the E Co., Ltd. and a person engaged in the management of funds of the E Co., Ltd. in Daegu-gu, North Korea.

The Defendant, as if he paid the F money to F for his own management, transferred the money from the E Co., Ltd. account to F’s account for personal use. On September 17, 2008, the Defendant arbitrarily used 148,131,900 won from June 19, 2017, from that time to June 19, 2017, from that time, to that time, for the transfer of KRW 1,527,940 from the E Co., Ltd. account to F’s name from the F’s account to the F’s name to the F’s account.

As a result, the Defendant embezzled the amount of KRW 148,131,90, which was kept in business for E Co., Ltd. at will.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Proof of the details of deposit transactions, details of payment of benefits, investigation reports (Attachment of a detailed statement of account transactions, etc.), application of Acts and subordinate statutes to investigation reports (Attachment of the details of transactions to be submitted and specifying the amount of embezzlement);

1. Relevant Articles 356 and 355(1) of the Criminal Act regarding criminal facts, the choice of fines (the fact that the defendant is against himself/herself when committing the instant crime, the repayment of the amount of damages, the fact that there is no criminal record exceeding the records of the same crime or fine, and other circumstances shown in the pleadings of the instant case including the period for committing the instant crime, the amount of damages, etc.)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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