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(영문) 인천지방법원 부천지원 2019.01.17 2018고단1263
업무상횡령
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On August 26, 2015, the Defendant was sentenced to two years of suspension of the execution on September 3, 2015 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Incheon District Court.

【Criminal Facts】

1. The Defendant, in the course of occupational embezzlement against the Victim B Co., Ltd. from April 1, 1993 to December 22, 2014, practically operated the Victim B Co., Ltd. in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and performed the duties of overall management, fund management, etc.

On December 6, 2006, the Defendant used the victim company fund of KRW 295,656,424 as shown in the attached Table of Crimes List (1) from December 18, 2014 to December 18, 2014, by transferring KRW 1,900,000 from the E bank account in the name of E bank account under the name of D, which was managed and managed by the customer of the victim company from the customer of the victim company, to the account of the openinger, and paying the Defendant’s house opening costs.

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

2. The Defendant, in the course of occupational embezzlement against the Victim F Co., Ltd., was practically operating the Victim F Co., Ltd. F in Bupyeong-gu, Incheon from April 1, 2005 to December 20, 2014, and performed duties such as overall management and fund management.

On January 25, 2011, the Defendant used the victim’s company fund of KRW 17,997,500,000 as stated in the attached Table No. 2, from around August 2, 2011, from the time to August 2, 2011, the Defendant transferred KRW 2,000,000 from the corporate bank account in the name of the victim’s company to the corporate bank account in the name of the victim’s bank account in which the funds of the victim company were deposited, from the time to August 2, 201.

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. The police in relation to G.

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