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(영문) 대구지방법원 2014.04.17 2014고단829
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 2006 to October 2012, the Defendant, as the representative director of the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Seoul Jung-gu Seoul metropolitan building 401 (hereinafter “victim Co., Ltd.”), has been engaged in overall management affairs, such as management of employees, company funds, and corporation cards.

1. On August 2010, the Defendant, while keeping the funds of the Victim Company in custody at the office of the Victim Company, prepared an account book as if he paid wages of KRW 1,004,070 to Nonindicted Party E who did not have worked as an employee in the Victim Company, and embezzled the same amount by receiving the same amount and using it as ordinary living expenses, etc. in the same manner, and embezzled KRW 4,528,951 in total on four occasions, including around November 201, around September 201, and around September 1, 201, KRW 186,538, around November 1, 201, and KRW 1,62,073, around November 201.

2. On October 21, 2012, the Defendant: (a) with the knowledge of the fact that the payment was imminent by the victim company; (b) paid in an amount equivalent to KRW 1 million in modern department store store stores; (c) KRW 3 million in e-mail gift certificates; and (d) paid in an amount equivalent to KRW 3 million in e-mail gift certificates with the e-mail card; and (c) paid in an amount equivalent to KRW 6,270,00 in e-mail gift certificates with the e-mail card; and (d) paid in an amount equivalent to KRW 250,00 in 250,000 in e-mail with the e-mail card from the e-mail card in Geumcheon-gu Seoul Metropolitan Government with the 24th of the same month with the e-mail card from the e-mail card from the e-mail company in Geumcheon-gu Seoul Metropolitan Government with the 250,000,000 won in e-mail card; and (c) paid 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the F's statement);

1. Application of Acts and subordinate statutes of the certified transcript of corporate register, a statement of temporary employment benefit, and a statement of credit card usage money;

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