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(영문) 부산지방법원 2013.10.15 2013고단3375
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant was in the position of the representative director of the damage company C in Busan Seo-gu and 302, who is engaged in the business of exporting fishery products.

2. Around May 28, 2009, the Defendant established a victimized company with capital of KRW 50 million after having invested KRW 20 million from D and KRW 20 million from E around May 29, 2009.

The Defendant voluntarily withdrawn KRW 35 million from July 3, 2009 to the Busan Bank account in the name of the victimized company and embezzled it for personal purposes such as stock investment.

3. On July 25, 2009, the Defendant embezzled 602,000 won in total by the same method six times from the place of the city in Busan, as shown in the crime list in the attached Table, when he kept the corporate card in the name of the victimized company, in his business, at Gta located in F of Busan, he arbitrarily paid the amount of 340,000 won of his dental treatment by the above corporate card in the above corporate card.

4. Around May 3, 2010, the Defendant embezzled the leased deposit by consuming the amount of KRW 6,969,375 from H, a lessor, and then embezzled the amount of KRW 6,969,375, which he/she would reside at his/her own discretion on May 3, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect against the accused (including E substitute quality);

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the fact that the amount of damage caused by the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is about KRW 42.6 million, the injury has not been recovered, and the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the arguments of this case.

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