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(영문) 서울남부지방법원 2012.05.25 2011고단111
업무상횡령
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

However, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A The executive director of the corporation D and the defendant B engaged in the accounting and accounting affairs of the corporation.

On June 2, 2009, the Defendants conspired to make a joint withdrawal of 20 million won and deducted 20 million won from the date and time point of time from the above year to the personal safe of the Defendants, in the course of the business custody of the said company for the money deposited from the overseas trading office in Gangseo-gu Seoul E Company D office, and a new bank account in the name of F in which the company’s funds were deposited.

9. up to April 1, 200, the F passbook and the corporate passbook in the same manner embezzled 422,55,430 won in total over 15 times, as shown in the annexed crime list.

Summary of Evidence

1. Legal statement of witness G;

1. Application of the Act and subordinate statutes to the Defendants on the Investigation of Suspects (including G statement parts)

1. Articles 356, 355 (1), and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Determination of the Defendants’ assertion and the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act

1. Judgment on the Defendants’ assertion

A. The amount of the attached list of crimes committed by the Defendants’ assertion that the Defendants embezzled is the amount received according to the settlement agreement with G on September 4, 2009 while settling the partnership relationship with G and the company, the representative director of the corporation D (hereinafter “company”).

In addition, even if the above amount was kept in the personal safe of the Defendants, 124,212,280 won, which is the money of paragraphs 1 through 7 of the above list of crimes, was temporarily kept in the personal safe of the Defendant B from the account under the direction of G to the personal safe of the Defendant B, and 298,343,150 won, which is the money of paragraphs 8 through 15, are likely to be deducted from G in the course of settlement, the Defendants temporarily kept in the personal safe of the Defendant A’s name.

B. In full view of the following circumstances recognized by the records on the market, it is difficult to accept the Defendants’ assertion.

Attached Form

The list of crimes 1 to 1.

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