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(영문) 서울중앙지방법원 2014.11.07 2014고단3359
업무상횡령
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 30, 2010, the Defendant was appointed as outside directors of D Co., Ltd. and worked as the head of the restructuring headquarters, and was engaged in the restructuring of the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) in which the said company holds 84.57% of shares, by managing the funds of the said company.

On May 7, 2010, the Defendant deposited KRW 299,951,071 from the victim company’s name foreign exchange bank account at the school Dong branch of the Gangnam-gu Seoul Bank with one check and deposited KRW 299,951,071 in the name of the victim company for the purpose of the victim company at around May 31, 2010, and continued to use the said money in the name of the F Bank account at the school Dong branch of the said foreign exchange bank with F Bank’s name (G). The Defendant deposited KRW 299,951,071 in the name of the victim company at the F Bank’s school Dong branch of the said exchange bank with the F Bank’s securities account (H).

In addition, around August 10, 2010, the Defendant withdrawn 24,470,000 won from the foreign exchange bank account of the victim company in his/her business custody for the victim company at the school branch of the foreign exchange bank located in Gangnam-gu Seoul Metropolitan Government for the victim company, and deposited the money into the D (I) account of the company, and then withdrawn 24,470,000 won from the said D account at the Daejeon Mutual Savings Bank located in Gangnam-gu Seoul Metropolitan Government on the same day.

Accordingly, the Defendant embezzled the amount of KRW 324,421,071 (=299,951,071 won) of the victim company that was in custody in the course of business (=24,470,000).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Partial statement of the witness F in the court;

1. Examination protocol of suspect regarding L by prosecution;

1. Some of the suspect interrogation records of the defendant by prosecution;

1. Examination protocol of police suspect regarding L;

1. Each police statement to K and J;

1. A copy of an audit report, Escro-ray agreement, and cashier's checks;

1. Each statement of transactions (Evidence No. 135 pages, 612 pages, 613 pages, 3 books, 223 pages, 226 pages, 5 pages, 21 pages), copy of each passbook (Evidence No. 5 books, 23 pages, 24 pages);

1. Seoul Central District Court.

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