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(영문) 인천지방법원 부천지원 2015.10.08 2014고단2896
업무상횡령
Text

Defendant

B A person shall be punished by imprisonment for one year.

However, with respect to Defendant B, the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B, from April 12, 201 to October 10, 201, was in office as a victim M& corporation director at the time of racing, and actually operated the victimized company.

Defendant

B entered into a N contract with the victimized Company on July 7, 201 with the Seoul Special Metropolitan City Printing Co., Ltd. on the 1207-6, Sinsan-si printing Ghana on the same day, and sold the right to remove and sell scrap metal secured by the victimized Company under the above contract in P in P in P in P in P in P in P in P in P in P in P in P in P in P in the same day, and used the amount equivalent to KRW 36 million for resale marginal profits from Q to the personal account of the Defendants in mind.

Thus, Defendant B was the same month as the proceeds from resale from Q.

8. A; KRW 20 million with an account in the name of Defendant B, KRW 4.5 million with an account in the name of Defendant B’s wife on the 15th of the same month; KRW 2 million with an account in the name of R on the 22th of the same month; KRW 4 million with an account in the name of R on the 27th of the same month; and

8. 1. The same month: 1.5 million won with an account in the name of R; 1.5 million won with an account in the name of S on the same day;

2. Around that time, Defendant B received KRW 1 million with R’s account in cash, and Defendant B used KRW 35.8 million with the personal intent of personal use while keeping the damaged company on behalf of the victimized company.

As a result, Defendant B embezzled the cash amount of KRW 35.8 million, which is owned by the victimized company, during the course of business custody.

Summary of Evidence

1. Defendant B’s partial statement

1. Each legal statement of the witness T, U, Q, A, V, W, X (former name: Y);

1. The defendant B and his defense counsel are as follows: a complaint; a copy of the written contract for transfer and takeover of a legal entity; a copy of the written contract for transfer and takeover of a scrap metal; a copy of the written contract for sale and purchase of scrap metal; a copy of the complaint; a copy of each passbook; a copy of the details of transfer transactions (use of the amount of remittance); a criminal investigation report; a written confirmation of transaction agreements; a copy of the sponsoring subcontractor’s contract; a copy of the written contract; a written confirmation; a statement of details of entry and withdrawal transactions; a written confirmation; a written confirmation; a written investigation report; and

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