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(영문) 의정부지방법원 2014.06.24 2014고단1156
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

From March 2012, the Defendant, as the representative director of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Chuncheon City Co., Ltd. 511 in Gangwon-do from March 2012, performed overall tasks such as managing company funds.

1. On March 23, 2012, the Defendant was transferred KRW 20,000,000 from the investor E of the said stock company to the agricultural bank account of the victim corporation for the purpose of the victim corporation, and used it for personal purposes, such as repaying F’s debt, in mind, at the KRW 10,000,000.

2. On April 2, 2012, the Defendant was transferred KRW 50,000,000 from investors G of the said stock company to the Defendant’s agricultural bank account for investment, and was in custody for the victim corporation, and around that time spent KRW 15,00,000 for daily living expenses in Gangwon-do.

3. From June 28, 2013 to July 16, 2013, the Defendant transferred KRW 2,085,00,000 from H to the Defendant’s agricultural bank account, and used KRW 5,340,00 for the purpose of living expenses of the victim’s agricultural bank around that time while in custody for the victim’s stock company, the Defendant used KRW 5,340,000 for the purpose of living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and G;

1. A written complaint, certificate, full certificate of registered matters, details of each passbook transaction, and written confirmation;

1. Application of Acts and subordinate statutes to investigation reports (Ctel manager H and telephone communications);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommending punishment] Type 1 (100 million won).

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