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(영문) 수원지방법원 성남지원 2015.03.27 2014고단2649
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 201 to August 2012, the Defendant has been working for the E company operated by the victim D in Gwangju City from January 201 to August 2012, and has been engaged in the business of managing company funds.

As the defendant needs expenses, living expenses, etc. of his/her father, he/she entered more amount than that to be paid to his/her business partners, etc. in the transaction statement, etc., and received approval, and he/she transferred the difference to the account of his/her mother F, etc. for embezzlement.

On April 15, 2011, the Defendant paid the victim to G (H company) which is the business partner, and embezzled total of KRW 33,237,478,478, including, from August 16, 2012, the Defendant paid only KRW 913,00 to the business partner and arbitrarily used the remainder of KRW 649,00,00 for personal purposes, such as paying credit card payments, from the Han Bank’s account in the name of Han BankF to the bank account in the name of F of the Defendant, with the approval of the victim from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each specification of transactions Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment);

1. Social service order under Article 62-2 of the Criminal Act;

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