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(영문) 대구지방법원 안동지원 2013.04.23 2012고단1471
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, 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 April 2, 2007 to May 8, 2012, the Defendant served as an employee in charge of accounting in the victim C corporation located in Seocho-gu Seoul Metropolitan Government and engaged in the management of deposit and withdrawal of the victim corporation account.

On December 24, 2009, the Defendant, at the victim company’s office located in Seocho-gu Seoul Metropolitan Government, remitted KRW 300,000 from the first bank account (Account Number: D) held by the Defendant in connection with his business to the Internet banking account in the name of the victim company, and used it for personal use, such as living expenses, around that time. From December 24, 2009 to May 4, 2012, the Defendant embezzled the total amount of KRW 115,89,928 of the corporate funds owned by the victim company from December 24, 2009 to the account under the name of the Defendant, and embezzled by personal use, such as living expenses, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the embezzlement and embezzlement balance sheet, the daily balance sheet, each statement of transactions, and investigation report (the statement of transactions, etc. in the name of the victim company);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the amount of damage; Article 62 (1) of the same Act (see, e.g., Supreme Court Decision 200,90,000 won out of the amount of damage); Article 62 (1) of the same Act provides that the remaining amount of embezzlement

1. Social service order under Article 62-2 of the Criminal Act;

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