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(영문) 창원지방법원 마산지원 2015.10.21 2015고단592
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant is an accounting employee of the Victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) located in Hanam-gun, Chungcheongnam-do from June 10, 2014 to March 16, 2015, who has been engaged in the said company’s fund management.

On July 9, 2014, the Defendant embezzled total sum of KRW 483,983,240 from around 24 times to March 2, 2015, such as transfer of KRW 10,000 to the national bank account in the name of the Defendant, which was kept in business by the Defendant at the office above the victim company’s company, to the bank account in the name of the Defendant in the name of the Defendant, by transferring the sum of KRW 24 times from around 2015 to the bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D prepared by the police;

1. A report on investigation and details of transactions attached thereto;

1. A report on investigation (the change of the amount of embezzlement);

1. Application of Acts and subordinate statutes, such as commissioner;

1. The grounds for sentencing under Articles 356 and 355(1) of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Articles 356 and 355(1) of the Criminal Act [the scope of recommending punishment] [the scope of punishment] Type 2 (the amount between KRW 100 million and KRW 500 million to KRW 500 million] [the special mitigation] [the risk of causing damage] shall be sentenced to imprisonment for 8 months (the decision of sentencing] (the amount of embezzlement of this case, the agreement with the victim, or the fact that the damage has not been properly recovered: Provided, That the confession and reflect of the defendant; the defendant has no previous conviction; the defendant transferred the total amount of KRW 483,983,240 to the account under the name of the defendant; the amount of funds of the victim company transferred the total amount of KRW 39,904,612 to the account of the victim company in order to meet daily settlement, and the actual amount actually used shall be determined in consideration of the causes as above]

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