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(영문) 수원지방법원 2017.05.26 2017고단763
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant stated in the instant indictment that is a “stock company D” in the Defendant’s instant indictment, which runs a siren car business and screen golf business in Suwon-gu, Suwon-si, Suwon-si, from September 28, 2014 to August 16, 2016. However, even if the indictment was corrected without any amendment to the indictment, it cannot be deemed that there was a substantial disadvantage to the Defendant’s exercise of his/her right to defense, and thus, the indictment is corrected ex officio.

In the accounting division, the expenses necessary for the company were disbursed through credit cards, etc., and the details of the expenditure were arranged, and the affairs approved by the representative director of the corporation D were taken charge of the affairs.

In around 2014, the Defendant: (a) received and retained each of the credit cards issued by the Plaintiff, D, the representative director of D, for the purpose of paying expenses incurred in the business of the Company from D, and (b) received and retained each of the credit cards issued by the Plaintiff, 2, E, 1, and 1, KEB, and 1, KEB, respectively; (c) despite the fact that the above-mentioned credit cards were used only for the settlement of expenses incurred in the business of D, the Defendant embezzled the amount equivalent to KRW 81,81,80,00 for the purpose of paying expenses incurred in the business of D; (d) around April 28, 2015, the Defendant purchased female uniforms to be used by the Defendant at the same datum in the number of 154, from that time until June 15, 2016, using the credit cards received from E in Suwon as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on approval for each card transaction;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including comprehensive) of the Criminal Act concerning criminal facts, the grounds for sentencing of sentence of imprisonment with prison labor;

1. The Supreme Court Sentencing Committee.

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