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(영문) 서울중앙지방법원 2014.04.18 2013고단1750
업무상횡령
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from around April 1995 to April 2010, is the director of the accounting division of the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Yongsan-gu Seoul Metropolitan Government (hereinafter “victim Co., Ltd.”) who has overall control over the accounting affairs of the Victim Co., Ltd.

The Defendant, while taking overall charge of the financial affairs of the victim company, transferred money owned by the victim company in the name of the victim company to the account in the name of the person, such as the defendant and the defendant's family, in order to manage the company bank account (Account Number E) in the name of the victim company, and had the victim company used it for personal purposes.

On January 3, 2006, the Defendant transferred KRW 3,00,000, which was recorded in the above enterprise bank account that was in custody for the victim company at the victim company office, to the enterprise bank account in the name of the Defendant by telephone, and consumed it for personal purposes such as living expenses.

In addition, from around that time to April 30, 2010, the Defendant transferred the total amount of KRW 248,718,309 over 243 times in total by means of a bank account in the name of the Defendant, the Defendant’s mother’s account in the name of F, the Defendant’s Dong G account in the name of the Defendant, the Defendant’s family member account in the name of Mah H, the Defendant’s family member account in the name of Mah, the Defendant’s family member account in the name of Mah, the Defendant’s family member account in the name of Mah K, the Defendant’s family member account in the name of Mah, the Defendant’s family member account in the name of Man, and used it for personal purposes, such as living expenses.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness in the third protocol of the trial;

1. Entry of the accused in part of the protocol concerning the examination of the accused in the prosecution and the statement of theO;

1. D Juristic persons.

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