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(영문) 울산지방법원 2014.04.10 2014고정328
업무상횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From November 2, 1999 to March 27, 2013, the Defendant, as an accounting employee of the victim E (representative F) in Yangsan City, has been engaged in the business of keeping and managing the account under the name of the representative F, which is the transaction account of the said company, while engaging in the business of managing the money and funds of the said company.

On June 4, 2012, the Defendant: (a) withdrawn 4.7 million won from the said agricultural bank account in cash from the said agricultural bank account; (b) remitted 3.2 million won to I while keeping it for the said company; and (c) around that time, 1.5 million won was consumed for personal purposes, such as living expenses, in both members of the family which are the Defendant’s residence.

From June 4, 2012 to December 11, 2012, the Defendant consumed 23,793,300 won, in mind, in total, by means similar to 15 times at Yangsan Flusium, as described in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A list of crimes;

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes to one E book;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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