(영문) 수원지방법원 안양지원 2018.04.13 2016고단1772

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(영문) 수원지방법원 안양지원 2018.04.13 2016고단1772

업무상횡령

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, from January 1, 2008, as a person in charge of the accounting affairs of the victim E corporation in Seocho-gu Seoul Metropolitan Government, from January 1, 2008, was in charge of the accounting affairs of the victim company from December 2, 2009, as a representative of the victim company, F and G together with the victim company, and was in charge of the accounting affairs, such as arranging the details of the use of the card, which is

On October 10, 2008, while the Defendant kept the funds of the victim company for its business at the victim company’s office, the Defendant arbitrarily transferred KRW 3.7 million to his own account in the same manner as F and G with the funds of the victim company, but used KRW 500,000,000,000 for the difference individually, and embezzled the funds of the victim company for total 74 times from around that time to March 10, 2015 by using the same method as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Details of the transfer of benefits, keeping of the bonus ledger, documents on the disbursement of corporate cards, and statements on the sales budget expenditure;

1. Application of the Acts and subordinate statutes to the punishment of a person who committed a crime;

1. The defendant and his defense counsel asserts that the amount equivalent to KRW 23,8579,634 out of the amount of embezzlement as stated in the judgment is preserved when the defendant used the victim company's business expenses first with his personal card, etc. and received compensation for the transfer of wages.

However, in light of the following circumstances that can be recognized by the evidence duly examined by this court, the defendant sufficiently recognized that the defendant has embezzled the entire amount of money transferred to his own account in excess of his own wage as stated in its holding.

참조조문

-형법 제355조 제1항

-형법 제356조

유사 판례

-창원지방법원 통영지원 2015.10.14 2015고단697

-서울동부지방법원 2017.01.13 2016고합63

-서울중앙지방법원 2016.01.28 2015고합255

-인천지방법원 2017.03.30 2016고합808

-서울중앙지방법원 2015.06.26 2014고합1448