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(영문) 서울중앙지방법원 2014.10.08 2014고단4733
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From May 28, 2007 to September 15, 2009, the Defendant is a person in charge of the accounting affairs such as company fund management while working as the deputy head in the victim D Co., Ltd. located in the fourth floor of Seocho-gu Seoul Metropolitan Government, as the victim D Co., Ltd., and E is a person in charge of accounting affairs such as company fund management from September 2, 2005 to March 13, 2009 while working as the managing department at the victim Co., Ltd. as the managing department’s proxy.

1. The Defendant and the Defendant conspired to embezzled money owned by the Victim Company by means of withdrawing and dividing the difference after falsely recording the funds log of E and the Victim Company.

On January 2, 2008, the Defendant, at the office of the victim company, made a false entry of the actual balance of KRW 824,603 in the cash balance column of the victim company's funds, and then withdrawn KRW 350,000 from the national bank account (F) in the name of the victim company, and divided the amount of KRW 175,000 into E and E during the course of business custody for the victim company, and consumed voluntarily due to living expenses, etc. around that time.

In addition, from around that time to December 16, 2008, the Defendant voluntarily consumed the total of KRW 100,591,921 in 19 times in the same manner as the written list of crimes in the attached list of crimes.

2. On June 16, 2008, the Defendant’s sole criminal intent stated that the Defendant spent KRW 308,000 to the victim company G at the scene of industrialization with a false statement on the daily expenditure statement of the victim company’s funds at the victim company’s office, and then transferred the same amount from the bank account (H) in the name of the victim company to the bank account (I) in the name of the Defendant in the name of the victim company, and used the same amount voluntarily as living expenses, etc. around that time while

Accordingly, the Defendant embezzled the amount of money owned by the victim company in total of KRW 100,89,921 over 20 times, such as the above paragraphs 1 and 2.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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