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(영문) 창원지방법원 통영지원 2014.09.25 2014고단559
업무상횡령
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the victim H who owns E, F, and G by transporting passengers, vehicles, etc. at the D passenger ship terminal located in Tong Young-si, and engages in marine passenger transportation business, and is in charge of the management of funds and affairs of the above company.

The Defendant, while receiving the fare rates for passengers and vehicles using three passenger ships owned by the above H in the foreign exchange bank account (Account Number I) in the name of H, committed with intent to arbitrarily consume them while keeping them.

Therefore, around January 4, 2008, the Defendant received 10,000,000 won from the J company’s affiliated vehicles and seal from the said bank account to January 11, 2008, and embezzled the fare of KRW 13,581,00 in total from the said date and time to the said bank account, and received the fare of KRW 13,581,00 in total from the said account to the said account for the victim’s business, and embezzled it by arbitrarily consuming it after withdrawing KRW 13,581,00 from the said account on January 11, 2008.

In addition, from January 11, 2008 to December 31, 2012, the Defendant embezzled total of KRW 301,796,000 on a total of 61 occasions in the same manner as the written list of crimes in attached Form 301,796,00 from around December 31, 201.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (attached to a letter submitted by a suspect and details of transactions in the account of foreign exchange banks), investigation report (a list of crimes of occupational embezzlement and crime committed by a suspect A and details of H Nong transaction shall be attached);

1. Application of Acts and subordinate statutes to the certified transcript of corporate register, a statement of stock change (2013), a copy of the cash receipt and disbursement book, a statement of the amount claimed for operation, and a written request for operation

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine (the victim company is in fact one company, the defendant has returned all of the embezzled money to the victim company, the additional income tax has been paid, the defendant has made many cooperation at the investigation stage, the defendant's health conditions, etc.);

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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