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(영문) 의정부지방법원 고양지원 2016.01.15 2015고단826
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the representative director of Jongno-gu Co., Ltd. D who operates a waste restaurant in Jongno-gu Seoul Metropolitan Government.

On November 2012, the Defendant established a separate legal entity and recommended E to operate a “F” restaurant. Around that time, the Defendant established G Co., Ltd. and operated the “I” restaurant in the Dong-gu, Busan Metropolitan City.

On November 2012, the Defendant: (a) supported the Defendant’s employees to work in the above restaurant operated by the J, in order to assist the Defendant’s operation of the restaurant “I”; and (b) led the Defendant to have the said J work as an accounting officer of the “I”; (c) transferred the sales amount of “G” to the principal office account and use it at will.

The Defendant, on July 19, 2013, instructed the J to transfer KRW 7.2 million from the account in the name of the victim G to the account in the name of the National Bank in the name of the F Co., Ltd. operated by the Defendant, and kept the above money as the person in charge of accounting.

J had the above money transferred to the account in the name of F Co., Ltd., from that time, from that time to that time, and had the J transfer the money to another account in the name of F Co., Ltd., and the Defendant arbitrarily used it as living expenses, etc., as stated in the list of crimes in the attached Table of crimes (the date and time of the crime in this case No. 3 is corrected to " August 21, 2013").

Summary of Evidence

1. The defendant's partial statement in court;

1. A protocol of examination of the suspect against the accused by the prosecution (including the substitution of the suspect);

1. Statement made by the police for E;

1. Contract;

1. Recording records;

1. Application of Acts and subordinate statutes of a certificate;

1. Articles 356, 355 (1) and 34 (1) of the Criminal Act concerning the facts constituting an offense (or choice of imprisonment);

1. Determination as to the Defendant and his/her defense counsel’s assertion of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. The alleged defendant shall receive from the injured party.

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