(영문) 수원지방법원 안산지원 2016.05.25 2015고단4099

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(영문) 수원지방법원 안산지원 2016.05.25 2015고단4099

업무상횡령등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From October 29, 2013, the Defendant, as the representative director of the Victim E Co., Ltd., Ltd., located in Ansan-si, Gyeonggi-do, took overall charge of the business affairs of the said company, such as fund management, etc.

On May 12, 2014, the Defendant directed F, an employee in charge of accounting, while keeping company funds in the company’s account for the victim on behalf of the victim, transferred 2 million won to the bank account (G) in the name of the Defendant, and used it for personal purposes, such as his/her own cost of living, etc.

From around that time to April 10, 2015, the Defendant embezzled the victim’s property by using a total of KRW 15,500,000 in the same eight occasions, such as the list of crimes (I) as in attached Table (I).

2. On July 1, 2014, the Defendant in breach of occupational breach of trust received KRW 28 million in total under the name of the Defendant’s increase of Defendant’s remuneration at will without a resolution of the general meeting of shareholders in violation of his/her duties and suffered damages equivalent to the same amount to the victim, by receiving KRW 28 million in total under the name of the Defendant’s increase of the Defendant’s salary for seven occasions, such as the attached list of crimes (II).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Legal statement of F;

1. The details of transaction by account, each account transaction, each copy of passbook, the details of transaction by bank under the name of the defendant, the details of transaction by bank under the name of the victim, and the details of transaction by bank passbook under the name of the victim;

1. Books and articles of incorporation;

1. A contract for the transfer or acquisition of assets and liabilities of a customer;

1. The president of the Account;

1. A detailed statement of Defendant’s benefit;

1. Determination as to the recorded defendant and defense counsel's assertion

1. The alleged defendant has invested in the damaged company, and H. which the victimized company acquired.

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