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(영문) 부산지방법원 동부지원 2018.12.19 2018고단2005
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who served as a representative director in the name of the victim C Co., Ltd. located in Suwon-gu, Busan from March 23, 2017 to February 20, 2018 and has been engaged in business, such as fund management of the victim company.

While the Defendant was in custody of the funds of the victim company deposited in the bank account (D) in the name of the victim company in the course of business, around January 22, 2018, the Defendant used the funds of the victim company deposited in the above account at the shipping branch of the shipping branch of the Korean bank located in Busan High-dong, Busan High-dong 2-1 (JJ) in the name of the defendant, as the bank account in the name of the defendant, the amount of KRW 6 million to the bank account in the name of the defendant, the amount of KRW 2.7 million to the new bank account in the name of the defendant's father, the amount of KRW 2.3 million to the bank account in the name of the defendant's father, the amount of KRW 2.0 million to the bank account in the name of the defendant, and the amount of KRW 2,00,000 to the Saemaul Bank account in the name of G.

Accordingly, the Defendant embezzled the funds of 13 million won of the victim company that was kept in business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to a copy of a bankbook, a letter of commitment, a criminal investigation report (verification of a certified copy of a corporate registry), and a criminal investigation report (written statement by an

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

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

1. Circumstances favorable to sentencing under Article 334(1) of the Criminal Procedure Act: The victim of this case is C Co., Ltd., and the defendant seems to have deposited the total amount of damage to the account of the victim corporation on April 27, 2018.

The defendant shows his attitude to reflect his mistake.

Circumstances disadvantageous to the defendant: The defendant is a criminal history of the same crime (a crime during the suspension of execution).

In addition, the defendant's age, sex, environment, motive and means of a crime, circumstances after a crime, etc. shall be determined as per the disposition, comprehensively taking into account all the circumstances.

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