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(영문) 서울중앙지방법원 2016.08.11 2016고단4131
업무상횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On June 27, 2016, the Defendant was sentenced to imprisonment with prison labor and two years and six months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes, and the sentence became final and conclusive on July 11, 2016.

[2] The Defendant, as the vice-chairperson of the above company, took overall charge of all the affairs including the fund management of the above company, as criminal facts (ju), C, D, etc.

1. On July 22, 2011, the Defendant: (a) transferred KRW 330 million, out of KRW 480,000,000 loaned from the Bank to the new bank account (Account Number G) in the name of the KCAB in the name of the KCAB; and (b) embezzled KRW 50,000,000 for the said Company on the same day to the new bank account (Account Number H) in the name of the Defendant; and (c) voluntarily transferred KRW 50,00,000 to the KCA’s bank account (Account NumberJ) in the name of the Defendant; and (d) embezzled KRW 50,000,000,000,000 from the date of transfer to the KCA’s bank account (Account NumberJ).

2. On October 13, 201, the Defendant embezzled KRW 15 million, out of the money deposited in the said account on October 17, 201, by remitting KRW 15 million out of the money deposited in the said account to the Defendant’s creditor’s account in order to repay the Defendant’s debt to the Defendant’s creditor’s bank account. In October 14, 201, the Defendant embezzled KRW 15 million from the money deposited in the said account on October 17, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. A copy of each bankbook;

1. Each investigation report (the sequence 18,22 of the evidence list) and accompanying documents;

1. Criminal records in the judgment: References to inquiries, such as criminal history, the conet case search, and application of each statute of the judgment;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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