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(영문) 서울서부지방법원 2014.01.17 2013고단2971
업무상횡령
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who served as a management director from May 1, 2008 to March 2013 in the victim C corporation established for the purpose of distribution business, and was in charge of accounting management, personnel management, general affairs, etc. of the company.

On January 10, 201, the Defendant: (a) transferred KRW 1,352,50,00 from the Korean Bank E account in the name of the Defendant to the Bank account in the name of the Defendant in the name of the victim company E account in the name of the Defendant for the management of the company; (b) transferred KRW 1,352,50 from the said bank account to the Defendant’s name; (c) transferred KRW 276 times from the said bank account in the name of the victim company and the Korean Bank account; and (d) embezzled KRW 145,58,828 from the said agricultural bank account in the name of the representative of the said company to the Defendant’s name in the name of the Defendant’s name;

In addition, on June 8, 2011, the Defendant embezzled the amount by purchasing personal goods or being provided with services worth KRW 28,644,870 by using the above credit card on 191 occasions as indicated in the following crime sight table, such as paying the amount for personal food for personal purposes using the Samsung Card (Credit Card Number G), which was under the business custody of the victim company for the disposal of the expenses of the victim company, in a restaurant located in Songpa-dong Seoul, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Statement made to F and H by the police;

1. Details of account transactions and the application of Acts and subordinate statutes confirming documents;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 51 of the Criminal Act, including the fact that the defendant repents his/her mistake, and the fact that the victim does not want the punishment of the defendant on January 15, 2014, submits a written agreement, etc.)

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