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(영문) 인천지방법원 부천지원 2015.08.27 2014고단2469
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

[Occupational Embezzlement] From July 4, 201 to April 3, 2014, the Defendant kept and managed the funds for incorporation of the said company as the representative director of the Victim H Co., Ltd. (hereinafter “H”) located in Jung-gu Seoul Metropolitan Government (hereinafter “H”), and D and the victim F are the Defendant and the partner as the internal director of each of the said companies.

On June 24, 2011, the Defendant received KRW 150,000,000,000 capital and KRW 50,000,000,000,000 from D, in relation to the establishment of the said victim company, from the company bank account (I) under the name of the Defendant and embezzled KRW 71,758,60,00,000 for personal use, around that time, the Defendant used KRW 50,00 for the said victim company’s business as deposit money and director’s expense, and embezzled KRW 21,758,60 for personal use.

B. On October 19, 2013, the Defendant, on behalf of the above victim company, withdrawn KRW 1.8 million from the account of the Korean Bank of Korea (J) of the victim company in an occupational custody for the said victim company, and arbitrarily used it for personal purposes as living expenses, education expenses for children, etc. around that time, and embezzled the property of the said victim company by arbitrarily using KRW 7,066,805 in total three times as shown in the attached crime sight table (1) as living expenses, etc.

C. On November 26, 2013, the Defendant, at the above victim’s company office, exported and sold 8 parts of NAPD equivalent to 4,081,00, the market price of 13,160,400, and 8 parts of NAM-S60GMK and 7 parts of NAM-S60GMK, and then embezzled 19,331,400 won in total by arbitrarily selling 2,090,000 won in the market price to K in the Gu and embezzled 19,331,40 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the witness D or F in the second public trial records;

1. Certificates, deposits, certificates of deposit, certificates registered with H, and the account of the H Industrial Bank of Korea;

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