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(영문) 대구지방법원 경주지원 2015.12.22 2015고단819
업무상횡령
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From March 1, 2003 to December 31, 200 of the same year, the Defendant was working as a director in charge of accounting of C and C, and D, from January 1, 2004 to January 23, 2004, while serving as a director in charge of accounting, corporate account management, fund entry and withdrawal, etc., and was faced with economic difficulties due to stock investment failure.

As such, the Defendant:

A. On December 1, 2003, at the Ulsan-dong Enterprise Bank's point of Ulsan-dong, Ulsan-si, the sum of KRW 30,000,00 without permission from the account (E) in the name of the victim corporation D (E) that he managed, and then wrongfully consumed the overdue payment of his credit card in repayment of the overdue payment of his credit card, and 2.0 on the following day, the sum of KRW 122,803,655 on three occasions, as shown in the list of crimes in the attached list of crimes, shall be embezzled by voluntary consumption;

B. Around January 13, 2004, at the same place, the victim Co., Ltd. kept one promissory note of KRW 455,173,719 (self 1508161613, and the issuer Hyundai Heavy Industries Co., Ltd.) with the face value received as the supply of goods, and embezzled it through voluntary consumption of personal debts, entertainment expenses, etc. without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, H, I, J, and K;

1. Each complaint;

1. Investigation report (related to execution of a warrant for search, seizure, and verification), investigation report (C transfer Lone party telephone statement hearing);

1. Application of Acts and subordinate statutes governing vehicle sales books, such as a copy of a promissory note, certified copy of corporate register, a bill entry, etc., a statement of transaction, a copy of the corporate register, a statement of each transaction, a statement of entry, a money statement, a

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] types 3 (5 to 5 billion won) shall be increased (2 to 6 years).

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