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(영문) 의정부지방법원 고양지원 2015.07.16 2014고단2934
업무상횡령
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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

From January 15, 2013 to May 12, 2014, the Defendant is the representative director of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”). From January 15, 2013 to around January 15, 2014, the Defendant was engaged in the overall management of the company’s property. From January 15, 2013, the Defendant invested a total of KRW 1.1 billion of the funds for taking over the company’s bankruptcy, and kept the company’s business for taking over the company’s bankruptcy. Since around that time, the Defendant’s management expenses and rents of F Co., Ltd. (F) operated separately by the Defendant (FF) were delayed, and his employees were faced with management difficulties to the extent that he could not pay personnel expenses, the Defendant was able to arbitrarily withdraw the corporate funds of the victim Co., Ltd., which were kept in his business as above and embezzled by using them to preserve the persons of the above insignia center.

On February 20, 2013, the Defendant remitted KRW 5 million from the account of the victim company to the Defendant’s personal account, and then embezzled KRW 260,400,000 from around that time, as indicated in the attached crime list, the Defendant arbitrarily consumed KRW 260,40,00 for the total corporate funds of the victim company, which had been kept on business over 12 occasions as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint;

1. E details of passbooks (No. 8 No. 133);

1. Details of passbook A (No. 9 No. 5 of the evidence list);

1. President of the E Account;

1. Balance sheet;

1. Application of president-related Acts and subordinate statutes to each account;

1. Considering favorable circumstances for the defendant, such as the pertinent legal provision on the crime, Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment (contribute) and the fact that the defendant recognized his mistake and reflects the reason for sentencing the sentence of imprisonment, and that there was no record of punishment in addition to the punishment of fines twice due to drunk driving.

Even if the crime of this case was committed, it was committed.

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