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(영문) 울산지방법원 2018.08.17 2018고정49
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Defendant

In addition, the defendant, such as the business affairs of Ulsan-gu, Ulsan-gu, and the representative director of the H-gu, Ulsan-gu, Seoul-gu, who has overall control over and managed the business affairs of each company, and D is the actual major shareholder of the F-gu, and it is the above H-gu and the representative shareholder of the I-gu, Ulsan-gu, Ulsan-gu.

The above corporations are corporations established for the purpose of business to collect and transport daily wastes in the region and to receive agency fees monthly after concluding an annual contract with each Gu office.

Criminal facts

Around September 24, 2015, the Defendant was registered as the management staff (indirect labor personnel) of the KH in the KF in charge of the FF in charge of the company causing damage to the corporate fund, but the Defendant did not have been in charge of the FF in charge of the business, and transferred one million won to the above KJ’s account managed by the Defendant from the said company’s account as the salary, and voluntarily used the amount of money such as salary, bonus, etc. from February 13, 2015 to June 15, 2017 by registering the damage company as the false staff of the damage company and by paying it under the name of the victim company, and then withdrawing it in cash and delivering it to D, such as the attached list I and II.

Accordingly, the defendant and D embezzled the amount of 173,970,137 won of the victimized company in collusion.

Summary of Evidence

1. Legal statement made by a witness L;

1. Partial statement of the witness D;

1. Some statements made in the suspect examination protocol of the defendant or D by the prosecution;

1. Some statements made in the police interrogation protocol against M, N,O, or F;

1. Some statements made to K in the police statement protocol;

1. Certified copy of the F Corporation registry, and details of F Corporation accounts (P Bank, Q);

1. An investigation report (F Account Details Analysis), an investigation report (a copy of a contract for collection of daily waste and vicarious execution), an investigation report (a copy of a statement of payment of labor costs), an investigation report (O, R, K account Records), and an investigation report (H.

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