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(영문) 수원지방법원 안양지원 2020.07.23 2020고단818
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operated the Victim D Co., Ltd. established for the purpose of the Incheon Strengthening Group B building from springing around February 2017 to February 2019, and the steel bars construction business in subparagraph c, and was engaged in the business of managing funds of the said company.

1. Around November 27, 2018, the Defendant embezzled KRW 448,310 of the victim’s funds that he/she had been in custody for business purposes by remitting them to the National Bank Account (E) in the name of KB grandchildren A, and consumed them for personal purposes for payment of vehicle insurance premiums from that time to January 21, 2019, and embezzled the total amount of KRW 16,464,310 for five times, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

2. Although the Defendant in occupational breach of trust has a duty to use the corporate card received from the victim company for a purpose related to his/her business, the Defendant calculated the total sum of 536,420 won from October 7, 2018 to January 30, 2019, including the purchase of goods from G located in Seongbuk-gu, Sungnam-si, Sungnam-si, and the settlement of 4,100 won as the price, and calculated the total sum of 536,420 won from October 7, 2018 to January 30, 2019 by using the corporate card, such as the purchase of personal goods on a total of 36 occasions as indicated in the list of crimes (2) in the attached Form.

Summary of Evidence

1. The investigation report of the Defendant’s legal statement H on the investigation report of the Defendant’s legal statement (re-submission of the corporate account details) - the details of deposits into and out of the corporate account, and the application of each Act and subordinate statutes of the reporting

1. Relevant Article of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (a comprehensive control over the crime), Articles 356 and 355(2) of the Criminal Act (a comprehensive control over the crime of occupational embezzlement), and the choice of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment; and

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