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(영문) 울산지방법원 2016.09.22 2015고정167
업무상횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 201, 201, the Defendant taken office as the representative director of the victim D Co., Ltd. established for the purpose of cleaning and guarding services for the first time with the Defendant, and entered into a reverse contract with the F Co., Ltd. in the name of the victim on April 4, 2012, and received and executed the service cost as the agricultural bank passbook in the name of the victim.

1. On July 20, 2012, the Defendant was awarded a contract for the work of cleaning the outer walls of five classes, other than G elementary schools, which was ordered by the Ulsan District Office of Education around Ulsan District, and subcontracted the construction work to H in KRW 36,809,80.

On November 22, 2012, the Defendant voluntarily used KRW 6,495,890 in difference in the subcontract for the construction project, which was kept for the victim on his duty, from a day in Ulsan-si around that time, for personal use.

Accordingly, the defendant embezzled the victim's property.

2. On June 20, 2012, the Defendant: (a) prepared a list of employees as if I had worked as the employee of the victim company; (b) arranged a ledger of wages as if I paid KRW 926,750 to him/her each month; and (c) voluntarily used the same amount for personal use, including withdrawal of money equivalent to that amount for personal use; (d) around July 17, 2012; (c) around August 20, 2012; (d) around September 20, 2012; (e) around October 16, 2012; (e) around November 15, 2012; (e) around November 15, 2012; (e) around December 20, 2012; and (e) around January 21, 2013; and (e) voluntarily used the same amount for personal use in the same way as in the same amount each month.

Accordingly, the Defendant embezzled 7,414,000 won in total, which is owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses regarding C;

1. Recording each part of the statement made to J and I in the seventh public trial records;

1. Details of passbook transactions; and

1. Data on cleaning service contracts, such as G schools;

1. Data on cleaning services contracts, such as K Schools;

1. A total report on remuneration of employees, 2012;

1. Application of Acts and subordinate statutes on the I benefit passbook;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of a punishment for a crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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