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(영문) 서울남부지방법원 2015.08.06 2015고단2186
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

From October 15, 2010 to September 15, 2014, the Defendant has been engaged in the fund management duties of the said company as an employee in charge of accounting management of the victim C Co., Ltd. in Geumcheon-gu Seoul building 13th 602.

While serving as an employee in the accounting of the victim company, the Defendant: (a) made a false statement on the payment of public charges and wages on the account books even though he did not pay public charges and wages by entirely managing the corporate passbook of the victim company; (b) made a false statement on the fact that he did not pay local taxes and other public charges and wages; and (c) embezzled the relevant money to be found in the account books; or (d) arbitrarily transferred the money of the corporate passbook of the

On January 23, 2013, the Defendant deposited KRW 3,00,000 from the corporate account of the victim company in the form of payment of automobile tax and deposited KRW 3,00,000 for the sake of the victim company. On January 23, 2013, the Defendant entered false matters in the accounting report that paid KRW 409,080 in automobile tax for the year 2013, and actually paid KRW 233,760,00 in advance, and arbitrarily consumed the difference of KRW 175,320.

In addition, the Defendant spent KRW 59,673,451 in total by voluntarily consuming the market price in business 77 times from October 31, 2012 to August 11, 2014, or by arbitrarily transferring the money from the victim’s company’s account to the Defendant’s family account from the victim’s account to the Defendant’s family account.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the accounting date, written confirmation of payment of automobile tax, details of passbook transactions, and detailed statement of local tax payment;

1. The Criminal Act by virtue of the relevant Article of the Criminal Act.

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