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(영문) 울산지방법원 2014.09.19 2014고단937
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant from April 25, 2012 to the same year.

9. Until April 1, 200, as the representative director of D Co., Ltd., the victim in Gyeong-si, Chungcheongnam-si, Gyeong-si, the company overall.

1. On July 26, 2012, the Defendant: (a) transferred KRW 6,900,000,000 from the office of the above company to the Defendant’s Busan Bank account (F) at the Busan Bank account on July 26, 2012; and (b) used KRW 3,000,000 among them for personal purposes, such as the repayment of credit card loans, at the time of racing.

Accordingly, the defendant embezzled the victim's property.

2. On August 10, 2012, the Defendant: (a) transferred KRW 30,000,000 from the foregoing Company’s office to the Defendant’s Busan Bank account (F) on August 10, 2012; and (b) used KRW 5,000,000 among them for personal purposes, such as living expenses, at the time of racing.

Accordingly, the defendant embezzled the victim's property.

3. On August 17, 2012, the Defendant: (a) received on August 17, 2012, from the above Company’s office, KRW 50,000,000 from the above E to the Defendant’s Busan Bank account; and (b) used KRW 20,000,000 among them for personal purposes, such as reimbursement of credit card loans, etc. at the time of racing.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of each prosecutor's office made to G, H and I, in part;

1. Application of Acts and subordinate statutes to a investigative report (a sales contract and a loan certificate submitted to the EH);

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act - Selection of imprisonment with prison labor;

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of sentencing guidelines for sentencing (a decision of type).

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