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(영문) 대전지방법원 2020.03.31 2020고정11
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 10, 2013 to June 18, 2015, the Defendant works as the head of the victim B’s large exhibition branch office from around August 10, 2015, and is a person who takes overall control of the budget and accounts of the said branch office and engages in the management of funds, such as cash and deposits.

In September 24, 2014, the Defendant: (a) decided to lease three tourist buses from Company D to participate in a commemorative event and security conference held in Seo-gu, Daejeon on September 24, 2014; (b) on September 29, 2014, the Defendant received a written estimate from the employees E of the said Company, as if he leased seven parcels of land; (c) prepared an expenditure resolution; and (d) ordered the head of the said branch office to transfer KRW 4,200,000 to the deposit account in the name of the said E from the said branch office to the deposit account in the said name of the National Bank of Korea until September 25, 2014; and (d) returned KRW 2,50,000,000, excluding actual rent 1,650,000 among the said money, to the Defendant’s deposit account for personal use on September 29, 2014.

Accordingly, the Defendant embezzled 2,550,000 won in cash owned by the victim in the course of his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution of G and E;

1. Application of the provisions of Acts and subordinate statutes to a written estimate attached to the written appeal (one right 24 pages of evidence), a statement of financial transactions by the victim attached to the written reason for supplementing an appeal, a written confirmation of the results of transfer (one right 58,71 pages of evidence), and a written statement of financial transaction information (one right 282 pages of evidence record);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 30 million won;

2. The Defendant, who rendered a sentence, embezzled 2.55 million won of the victim’s money that he/she exercises overall control over his/her duties.

The defendant uses E and F to properly disburse the above embezzlement fund.

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