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(영문) 서울동부지방법원 2014.10.30 2013고단2676
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From December 22, 2008, the Defendant served as the representative director of the victim limited liability company D (hereinafter “victim Company”) located in Seocho-gu Seoul Metropolitan Government (hereinafter “victim Company”) and was engaged in the overall business management and fund management of the above company.

Around October 15, 2009, the Defendant, using a new bank account (Account Number:F) in the name of the above company, was in custody of corporate funds owned by the above company for the said company for its business purposes. Around October 15, 2009, the Defendant transferred KRW 1,839,620 out of the above company’s office to the new bank account (Account Number: G) in the name of the Defendant and consumed them for personal purposes, and was deleted from around that time to November 20, 209 by an annex Nos. 1,92, to 98 of the list of crimes.

The total amount of KRW 5,533,932 has been consumed at will for personal purposes through the same eight times in total.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness H and I;

1. Each protocol concerning the examination of the accused by the prosecution (including H and I large parts);

1. Application of Acts and subordinate statutes on transfer of personal passbook A by a complaint receipt and an E new bank;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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