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(영문) 대전지방법원 논산지원 2015.01.06 2014고단406
업무상횡령
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Reasons

Punishment of the crime

1. From January 25, 2005 to August 22, 2014, Defendant A served as a business officer of the victim F Co., Ltd., Ltd., Ltd., the victim of this case, and was engaged in the sales of ready-mixeds and the collection of proceeds.

Around July 2009, the Defendant arbitrarily consumed 180,536,295 won of ready-mixed for personal purposes, such as living expenses, etc., while receiving 2,142,465 won from G companies, which are customers of the victim company, from the victim company, and being kept for the victim company. From around that time to July 29, 2014, the Defendant arbitrarily consumed 180,536,295 won of ready-mixed for personal purposes, such as daily living expenses, by the same method as indicated in the attached list of crimes (1).

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

2. From February 18, 2005 to August 22, 2014, Defendant B served as a general manager of the Victim F Co., Ltd., Ltd., Ltd., the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the business, and

On February 2, 2009, the Defendant voluntarily consumed 61,449,060 won of ready-mixed price for personal purposes, such as living expenses, etc., during the period of receiving 808,500 won from H company, which is a customer of the victim company, for the victim company. From around that time to June 30, 2014, the Defendant arbitrarily consumed 61,449,060 won of ready-mixed price for 46 occasions in the same way as indicated in the attached list of crimes (2).

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police officer on I;

1. Application of each of the Acts and subordinate statutes entered in the certified transcript of corporate register, each career certificate, each detailed statement of accounts sales, and each written statement of accounts settlement;

1. The Defendants are subject to applicable provisions on criminal facts and the choice of punishment: the sentencing of Articles 356 and 355(1) of the Criminal Act (generally and collectively, the choice of imprisonment).

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