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(영문) 대전지방법원 천안지원 2017.01.13 2016고단1161
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 1, 2015, the Defendant established and operated the Victim D Co., Ltd. Co., Ltd. (the representative director under the name: E; hereinafter “victim”) for the purpose of developing and manufacturing “gas quality analysis devices” and “booming devices” with investment KRW 600 million from C around May 1, 2015. The Defendant was liable for a debt worth KRW 3 billion in the status of bad credit holders due to the default of business operations in around 2012.

On May 8, 2015, the Defendant entered in the account book as if he/she paid employee benefits while keeping the corporate operating funds invested by the said C for the victim company in the course of performing his/her duties, and then remitted KRW 4.50,50 to the Nonghyup account in the name of H for personal repayment of his/her personal debt to the creditor G and consumed for the personal purpose, such as living expenses, etc. from May 8, 2015 to August 15, 2015, the Defendant embezzled the total of KRW 167,38,260 by arbitrarily consuming the same method as shown in the list of crimes, as shown in the list of crimes, from May 8, 2015 to August 15, 2015.

1. Partial statement of the defendant;

1. Each legal statement of witness E, C, I, and J;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement with respect to K and L;

1. A statement of transaction by account, a copy of purchase and sales contract, a copy of investment contract, a copy of the day-to-day work report, each deposit transaction statement, a certificate of deposit transaction performance, a subcontract modification contract, a copy of a construction work contract, a copy of a certificate, an inquiry about details of each transaction, a copy of cash receipt and disbursement statement, a copy of the ledger

1. Application of Acts and subordinate statutes to each Stockholm message and each text message content;

1. Article 356 of the Criminal Act and Articles 356 and 355(1) of the Criminal Act concerning criminal facts, the intent of unlawful acquisition in the crime of embezzlement in determining the issue of the choice of imprisonment (including punishment), and the intention of unlawful acquisition in the crime of embezzlement

property of another person in violation of his or her occupational duty and kept for the purpose of seeking the benefit of himself or a third party.

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