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(영문) 울산지방법원 2019.01.29 2017고단3570
업무상횡령등
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A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

"2017 Highest 3570"

1. The Defendant is a person who, from May 1, 2014 to November 15, 2015, worked as a branch office of the Victim B Company B from around May 1, 2014, performed overall control over the branch management, such as operating store management and marketing vehicle delivery.

On June 27, 2014, the Defendant was transferred from customers D to the Defendant’s account at the Ulsansan Exhibition Co., Ltd., Ltd. located in Ulsan-gu, Ulsan-gu, Seoul-gu, to use KRW 25 million for the Defendant’s business and used at his own expense as living expenses, etc. around that time while the Defendant was in custody for the victim.

In addition, the Defendant embezzled the total sum of KRW 285,679,000 from the time to May 29, 2015 by using the same method as indicated in the attached list of crimes throughout 12 times in total as in the foregoing manner, during the course of business custody for the victim.

"2018 Highest 261"

2. From May 2014 to November 2015, the Defendant received KRW 30 million from the victim F to the bank account in his/her name as the contract deposit for purchase of BM X6 car from the Ulsansan Exhibition around July 9, 2015, and used it for the victim at his/her own expense, such time as living expenses or personal debt repayment, etc.

As a result, the defendant embezzled the property while keeping the property of the victim.

Summary of Evidence

Paragraph (1) of this Article shall apply to the facts of crime.

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The details of expenditure for the accusation and the embezzlement;

1. Paragraph (2) of this Article shall apply to each investigation report;

1. Defendant’s partial statement (see, e.g., Supreme Court Decision 200 million won in the form of money kept by J, and thus does not constitute embezzlement of victim F money)

1. Each legal statement of the witness F and J;

1. Each police statement made to the F and J;

1. The details of the complaint (including attached data), the statement of transactions (K), the intermediate payment, the balance sheet, the details of transactions, and the references;

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