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(영문) 대구지방법원 2015.07.10 2015고단2059
업무상횡령
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Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From April 1, 2011 to June 30, 2014, the Defendant is a person who has overall control over the production, inventory management, sale, and collection of the headquarters of the said company while working for the Victim C Co., Ltd. (hereinafter “C”).

1. On June 16, 201, the Defendant sold inventory or defective parts of KRW 3,00,000, out of KRW 17,774,440, out of the total price of KRW 17,774,440, to G operating a business entity “F” located in G, G, which is located in G, U.S., G, U.S., the Defendant voluntarily consumed KRW 3,00,000 from the Defendant’s agricultural bank account for the victim C as entertainment expenses, etc. around that time.

From around that time to June 24, 2014, the Defendant embezzled the total sum of KRW 270,790,990, including the sales proceeds, etc. of the original unit while on duty for the victim in a total of 60 times, as shown in the attached list of crimes (1).

2. Around May 10, 2012, the Defendant, at the same place as the foregoing Paragraph 1, kept for business purposes the amount equivalent to KRW 7,609,990 of the original group of “ITY” 1,930 kilograms (Section 99) and the market price of KRW 7,609,990. However, even though there was no fact that H sold the original group to the business entity “H”, H made a false statement of trading as if H purchased the said original group, and made a false shipment of the original group, and then arbitrarily disposed of it to the business entity in mutual distress.

From around that time to June 17, 2014, the Defendant embezzled an amount equivalent to KRW 190,686,680 by arbitrarily disposing of the total market value of the “ITY” group, etc., which was in business custody for the victim through the aforementioned method 16 times in total, as shown in the attached list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including I's statement part);

1. Each prosecutor's statement concerning I, J, K, L, and M;

1. Each police statement made to I, N,O, K, P, and G;

1.A petition, a reference document, an investigation report (a supplementary document submitted by the petitioner), a list of crimes, and items.

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