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(영문) 수원지방법원 안양지원 2019.08.22 2019고단264
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From January 2012 to July 2018, the Defendant served as the representative director of B, and from three companies of D and E, which the victim B operated after the registration as an individual business entity, the Defendant performed the duties of managing the funds, etc. owned by the victim company and the victim.

1. The Defendant embezzled the amount of KRW 573,200, which was held in the company bank account (Account Number H) in the name of the Defendant, and embezzled KRW 56,616,200 in total 31 times from around December 15, 2018, when he/she kept and managed the money owned by him/her for the victim B as above, at the office of the KF building G management bank account in Ansan-si, on December 11, 2015, the amount of KRW 573,200, which was held in the company bank account in the name of the Defendant, was remitted to the new bank account in the name of the Defendant as shown in the attached crime List (1).

2. While the Defendant kept and managed the money owned by him/her for the victim company as above, on October 28, 2016, he/she embezzled KRW 340,00,00 in the amount owned by the victim company in the corporate bank account (J) in the name of the KIRC, as stated in the foregoing paragraph (1) from October 28, 2016 to May 30, 2018, by remitting KRW 29,874,880 in total over 68 times from July 11, 2016 to May 30, 2018, as indicated in the list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (Submission of data filed by a complaint - Adjustment table, etc. of the amount of damage), investigation report (related to the amount of damage to the complainant - the amount of damage to the dispute);

1. Corporate register;

1. Application of Acts and subordinate statutes on account transfer by company;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts (a comprehensive imprisonment, with prison labor for each victim);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes are 1.

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