(영문) 서울남부지방법원 2016.01.12 2014고단4811

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(영문) 서울남부지방법원 2016.01.12 2014고단4811

업무상횡령

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A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

The Defendant is the actual operator of (State)E, and (State) as a director of F in-house (State) F, operated the representative G of F and the two above offices as a partnership business, engaged in the management and enforcement of funds.

On July 13, 2012, the Defendant transferred KRW 8,00,000, out of the operating funds of the said company to the new bank account in the name of (State) F Office located in Yeongdeungpo-gu Seoul Metropolitan Government (H) to the new bank account in the name of (State)F, not the employees of the said company, and consumed the Defendant’s female job offering I for the personal purpose in Seoul Metropolitan City at around that time.

In addition, from around that time to July 31, 2013, the Defendant embezzled the total of KRW 22,061,148 by the same method from the place of the city in Seoul to 12 times, such as those listed in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of witness G;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution (includingG statements and I account transactions attached to the end of the fourth suspect examination protocol (791 page);

1. The defendant's assertion regarding the whole certificate of registered matters and the details of liquidity transaction (106 pages) by each corporation is not charged with embezzlement, since the defendant opened and used the account in the name of the victim's company with the consent of the complainant G while managing and executing the funds of the victim company, and all deposits through the above account were used for the victim company.

The argument is asserted.

However, the following circumstances acknowledged by the above evidence, namely, the defendant was in charge of the management and execution of the funds of the victim company and was in the position of using the funds of the victim company from time to time to time in order to pay the cash cost, etc. of the victim company to his own account (in this respect, the dispute resolution E and the defendant transferred to the account in the name of the defendant

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