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(영문) 수원지방법원 성남지원 2016.01.07 2015고단2414
업무상횡령
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 5, 2010 to May 11, 2010, the Defendant, as the representative director of the Victim C Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, performed overall management of affairs such as lending and withdrawal of funds of the victimized company.

On November 25, 2005, the Defendant embezzled the assets of the victimized company by arbitrarily consuming the same for personal purposes, such as the Defendant’s living expenses, etc. during the period of his/her business keeping in custody for the victimized company, with additional loans from the Sung-nam Central Credit Cooperatives, which are owned by the victimized company D and two parcels of land. In addition, the Defendant embezzled the assets of the victimized company by arbitrarily consuming the same for personal purposes on February 22, 2010.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police for E.

3. Application of Acts and subordinate statutes to certified copies of the corporate register, certificates registered, loan ledger, or certificates of embezzlement of public funds;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense.

2. Article 62 (1) of the Criminal Act (including the fact that payment is deemed to have been made in an amount equivalent to the amount of damage).

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