(영문) 창원지방법원 2019.05.24 2019고단659

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(영문) 창원지방법원 2019.05.24 2019고단659

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, together with the husband B, the victim C, and the husband D, has contributed half of the Defendant and the husband and wife, and has been engaged in the business of building construction, sale, and lease in the name of the Defendant and the husband and wife, and in the business of building construction, sale, and lease in the name of Kimhae-si as “F”, and has been engaged in the business of managing

On September 8, 2017 and around the 11st day of the same month, when the global income tax refund of KRW 55 million in the name of C and the defendant deposited and kept in the G association account in the name of the defendant, which is the joint management account of the partner gold, the defendant's husband and wife could not be deemed to have agreed on the method of payment of the refund between the defendant's husband and the victim's husband and wife. On November 2017, the defendant and B decided to voluntarily withdraw KRW 100,000,000,000 per month from the business property, notwithstanding the fact that they had already paid the interest of KRW 3,00,000 from the business property to the G association, the accumulated amount of KRW 10,000,000 per month and KRW 10,000,000,000 from the money deposited in the above G association account.

Accordingly, around November 14, 2017, B used accounting staff to transfer KRW 12,690,000 from among the 12.690,000,000 won in the above G Association account using Internet banking, to the J Bank account in the name of the defendant, and consumed the entire amount by transferring KRW 50,000,000 to the G Association MY account in the name of each defendant on the 15th day of the same month, and KRW 40,000,000 from the 16th day of the same month.

Accordingly, in collusion with B, the Defendant embezzled 100 million won of the same business property with the victims who kept on duty.

Summary of Evidence

1. The defendant's partial statement in court (the objective fact itself is recognized, except the denial of the intention of unlawful acquisition)

1. As to the defendant and Eul's suspect interrogation protocol prepared by the prosecution, 1, C, D, and K respectively.

유사 판례

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