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(영문) 대구지방법원 2021.02.10 2020고단1158
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On June 22, 2018, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for occupational embezzlement at the Daegu District Court, and the judgment became final and conclusive on June 13, 2019.

[2] From September 22, 2008 to June 3, 2014, the Defendant works as the representative director of the victim B and the victim C Co., Ltd., and has overall control over the operation of the victimized Co., Ltd., such as the conclusion and implementation of the construction contract, asset management, and fund execution.

On January 8, 2010, when employing D as the site warden of the victim B company, the Defendant embezzled the funds of the victim company in total of KRW 182,711,30,000 (i.e., KRW 189,711, 330,000, excluding KRW 7,000,000, excluding KRW 10,000,000, excluding KRW 7,000,000) throughout 57 times from around that time to December 2, 2013, as stated in the list of crimes in the separate sheet of crimes (i.e., KRW 182,71,30, excluding KRW 189,711, 330,000, - KRW 7,000) of the funds of the victim company (i.e., KRW 189,711,30,300,00).

Summary of Evidence

1. Each prosecutor's office and each police interrogation protocol (including the F counterpart part) concerning the defendant's partial statement of the witness F of each prosecutor's office and police interrogation protocol (including the F counterpart part) witness D, G, and H's statement protocol for each prosecutor's office and police interrogation protocol for each prosecutor's office and police's office and each prosecutor's office and police investigation protocol for H, J, I for each prosecutor's office and police interrogation protocol for each prosecutor's office and police officer's office and each prosecutor's office's office and each prosecutor's office's protocol for J and K for each prosecutor's office, J, and K for each tax invoice, investigation report (Attachment of the document submitted by the complainant's statement of deposit transaction of passbook F for each criminal fact submitted by the complainant), investigation report (Submission of additional data for the complainant's interview and additional data) on each criminal fact submitted by the complainant, investigation report (verification of the account records for the complainant and the suspect's statement related to A), investigation report on payment of money (A's non-financial statements)

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