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(영문) 서울남부지방법원 2017.01.25 2016고정1656
업무상횡령
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Presumption Facts] The Defendant was the representative director of the Gangseo-gu Seoul Metropolitan Government Association Co., Ltd. (hereinafter “Co., Ltd.”), and the Appellant F was an accounting employee who was in charge of fund management in the victimized Company, and the Appellant was a person who was in charge of fund management in the victimized Company. On January 12, 2015, the Appellant acquired the damaged Company from the Defendant, instead of repayment of loans to the victimized Company, and served as the representative director until now.

[2] On January 12, 2015, the Defendant served as the representative director of the victimized company before transferring the victimized company to the complainant, and had the final right to make a decision on the execution and admission of the victimized company’s funds.

On September 11, 2012, the Defendant instructed the complainant to transfer KRW 2,376,00 from the National Bank account (G) account in the name of the victimized Company in the name of the Defendant’s office, and used it for H’s business purposes, and used it for six times from that time to May 2, 2014 in the same manner as indicated in the list of offenses in the attached Table, and used KRW 17,881,50 in total for the purpose of personal business funds of H.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A three-time protocol concerning the interrogation of the suspect, which contains a part of the protocol concerning the interrogation of the suspect, and a protocol concerning the suspect to the prosecution;

1. Each legal statement of the witness F and J;

1. A copy of the G head of the national bank, a copy of the K head of the Tong in the national bank, and a copy of one bank L;

1. The details of account MTC transactions with the National Bank, the details of account transactions with the National Bank N Account in Korea, the details of account transactions with the new bank, the details of account transactions with the P Account in Korea, the details of account transactions with the Bank Q Accounts in Korea, and the application of the statutes governing the

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;

1. The Criminal Act to attract a workhouse;

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