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(영문) 인천지방법원 2018.01.26 2017고단4427
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and E are co-representatives of victim G Co., Ltd. in Dong-gu Incheon Metropolitan City, and the defendant and E have a duty to manage the accounts of the victim company in a sound manner while engaging in overall duties, such as the operation of the victim company.

Nevertheless, the defendant and E calculated excessive expenses to be paid to the customer of the victim company, and paid them to the customer, and then registered the defendant and E's family member who do not work for the victim company as an employee, and conspired to use them in mind by receiving money as a salary.

Around August 4, 2016, the Defendant and E paid KRW 1,100,00 to H as trading price, even though they were actually provided with services equivalent to KRW 240,000,00 in fact from H, which are customers of the victim company, according to the above public offering, and received KRW 860,000, and used the difference individually as living expenses, etc. while on duty for the victim company, and used KRW 21,518,760 in total, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant and E embezzled the property of the victim company in collusion.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A protocol concerning the examination of a suspect by the prosecution against the defendant, L, E, or K;

1. Statement made by the police against M;

1. Each investigation report (to attach documents related to the investigation of the transaction partner's location AS environment, details of account transactions in the name of a suspect A, records of recording, shareholder list, accompanying documents related to payment of transaction partner's price, and detailed statement of account transactions in the name of a witness E);

1. Statement of transactions, current status of financial transactions, detailed statement of deposit transactions, details of transaction in G corporation accounts, details of financial transactions, and inquiries about each transaction item (new bank or enterprise bank);

1. A certified copy of the corporate registry (stock company G), a bonus ledger on July 2016, a four-year insurance report, and a H trading place;

1. Two copies of a record of recording, a letter closures (which shall be duly adopted by this Court).

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