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Reasons
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(영문) 울산지방법원 2013.07.25 2013고단270
업무상횡령
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A defendant shall be punished by imprisonment for six months.

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

On November 17, 201, the Defendant, along with C, D, and E, has established the Victim G (State) G whose main office is North Korea-gu, North Korea-si, North Korea-si, and has engaged in the business of receiving the prices of goods and repair from the former for the victim company.

On December 15, 2011, the Defendant received KRW 1,260,90 from Hyundai Motor, a customer, to the Agricultural Cooperative Account (Account Number: H) in the name of the Defendant, under the name of the repair cost for the electric car from Hyundai Motor on December 15, 201, and the same year thereafter.

8. From the date of March 31, 200, a sum of KRW 65,940,400,000, including the amount of supply, from a customer, over 27 times, as indicated in the “Embezzlement” column of the annexed crime list, was transferred to the said Agricultural Cooperative Account or the Han Bank Account (Account Number: I) in the name of the defendant, and deposited KRW 30,930,660,000 out of the above amount into the account of the victim company, and embezzled the remaining KRW 35,009,740 by voluntary consumption, such as the repayment of its debt.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. A statement of transactions in the NongHyup account;

1. A statement of account transactions in one bank;

1. Application of Acts and subordinate statutes to a criminal investigation report (specific amount of embezzlement);

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1, 2008) (see, 201; Supreme Court Decision 2006Da1448, Apr. 2, 201)

1. Determination on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act

1. The Defendant’s summary of the assertion is the original Defendant before the Victim Company is established.

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