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(영문) 서울남부지방법원 2015.08.28 2015고단534
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant has been engaged in the business of managing the fund of the company from January 2005 to March 2013 while he/she has been working as an employee in charge of accounting of the victim E-stock company with the victim D Prize 18 Dong 118 Dong 18 Dong.

On October 10, 2007, the Defendant: (a) around October 10, 2007, at a national bank in the vicinity of the above company’s office, had been in custody of a national bank (F) account passbook, etc. in the name of the above company for the purpose of fund management; and (b) subsequently, withdrawn the company’s funds from the above account in cash and consumed them for personal

In addition, from around that time to February 26, 2013, the Defendant used 41,929,270 won in mind by arbitrarily withdrawing the company’s funds or transferring them to the account in the name of the Defendant, as shown in the separate crime list.

Accordingly, the Defendant embezzled the victim E’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the suspect examination of the accused;

1. The application of the certified transcript of a corporate register, the corporate registry of a national bank account settlement agreement, the registration statement of the accounts of a single bank bank account settlement agreement, the Nong Bank account settlement agreement, the registration statement of the accounts of a company bank, the cash withdrawal statement, the daily settlement statement, and the statutes of the Embezzlement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Probation, etc. Act, and the defendant deposited the defendant's personal account from the account of the victim company to the defendant's personal account, and the defendant deposited the defendant's personal account from the account of the victim company to the defendant's personal account, and then withdrawn the defendant's personal account immediately from the corporate account to the company's public fund for the company.

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