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Reasons
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(영문) 수원지방법원 2015.01.08 2013고정2929
업무상횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From August 2006 to December 31, 2009, the Defendant has been working for the business of construction waste collection and transportation company E, which is a construction waste collection and transportation company of the D operation No. 223 of the building C, from August 2006 to December 31, 2009.

1. On August 31, 2007, the Defendant deposited KRW 4.622,00,000,000,000,000,000 from the business partner F, through the Agricultural Cooperative (G) account under the name of the Defendant, for the victim E, and deposited it to the victim company on September 18, 2009, and then arbitrarily consumed the remainder of KRW 1.688,00,00 for personal purposes.

2. On January 10, 2008, the Defendant embezzled KRW 50,000,000 from F to F on the part of the victim company while he was in custody for the victim company, and then arbitrarily consumed for personal use at around that time.

3. The Defendant, on January 17, 2008, embezzled the waste transport amount of KRW 4.622,00,000, which was collected from F from the Defendant’s account under the name of the Defendant on behalf of the victim company, by arbitrarily consuming it for personal use around that time.

4. On May 25, 2009, the Defendant: (a) transferred KRW 500,000 out of the above money to the Agricultural Cooperative under the name of the Defendant under the name of the Defendant for the victim’s business management; (b) transferred KRW 500,000 from May 26, 2009 to the Defendant’s Agricultural Cooperative under the name of H (I); (c) transferred KRW 280,000 from the H’s account to D’s account; and (d) arbitrarily consumed the remainder of KRW 320,000 for personal use around that day.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement concerning D;

1. A complaint;

1. A detailed statement of transactions of a corporation and personal account submitted by a complainant, a waste transport contract submitted by a complainant, a business account book submitted by a suspect, and a bank transaction statement submitted by a suspect;

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