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(영문) 대구지방법원 2016.07.14 2015고단5919 (1)
업무상횡령등
Text

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

Reasons

Punishment of the crime

Defendant

A has been engaged in the sale and collection of street lamps of the said company as a business director from around February 2008 to February 2015 by the injured party in Daegu Dong-gu.

1. On March 7, 2012, the Defendant: (a) supplied 1 copy of lutain L, and collected 880,000 won for the Defendant’s occupational embezzlement; and (b) used the money for personal purposes, such as gambling funds, from the Daegu-gu Seoul-si Seoul-si Seoul-si (hereinafter “Seoul-gu”).

From around that time to December 24, 2014, the Defendant consumed a total of KRW 151,238,000 by the same method 39 times through the same method, such as the flag table (1) in Daegu City, such as the flag table.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant in breach of occupational duty is a business director of the above victim, who is engaged in business affairs, such as contact with a trader’s staff, etc. and settlement of the price with a corporate card.

When using a corporate card, an employee belonging to the company shall use it only for the purpose related to the business of the company, and shall use it for the purpose irrelevant to the business affairs so as not to cause damage to the company.

Nevertheless, on July 8, 2013, the Defendant acquired financial benefits of KRW 22,500,000 in total nine times from the Daegu metropolitan area, such as the daily table of crime (2) to January 17, 2015, and suffered financial damages equivalent to the same amount as the victim, in the Home Plux Daegu located in 378-23, the Defendant purchased gift certificates equivalent to KRW 4,000 in the market price of KRW 4,00,00 in thought to be used for personal use using the victim’s corporate card using the victim’s corporate card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint filed by G and an additional complaint filed by G;

1. Evidential materials, such as the division of sales place and the specifications of electronic transactions;

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