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Reasons
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(영문) 부산지방법원 2013.03.28 2012고단8889
업무상횡령
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From July 2004, the Defendant entered the F of the Operation of Victim E located in Busan Young-gu as an accounting employee, and has been in charge of managing the passbook (G account number) in the name of F Company E in the name of F Company E.

Even if the Defendant transfers money from one account to another, the Defendant was aware of the fact that the recipient’s name does not appear separately in the passbook. On November 23, 2010, the Defendant: (a) stated the details of remittance as “1 head of agency -”; (b) stated the details of remittance as “one head of agency -”; and (c) remitted KRW 200,000 to the Busan Bank passbook (Account Number H) in the name of the Defendant, as if he remitted money from the above F Bank to the Internet Bank’s account via a computer at the above F Bank’s office; and (d) stated the details of remittance as if he remitted money from the above F Bank’s account to another account.

From around that time to May 2, 2012, the Defendant remitted total of KRW 112,529,662 to another head of the Tong or subsequently consumed for personal purposes, such as in the list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of the defendant in the first protocol of trial;

1. Statement of witness E in the fourth protocol of the trial;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Some statements made by each prosecutor's office in relation to E and I;

1. Statement to E by the police;

1. A complaint;

1. Inquiries about details of transactions;

1. A copy of bankbook;

1. The application of Acts and subordinate statutes to investigative reports (such as attaching a copy of F accounting books);

1. The elements of sentencing against the Defendant, including the fact that the amount of damage in this case’s sentencing under Articles 356 and 355(1) of the Criminal Act regarding criminal facts exceeds KRW 100 million, and the fact that the crime has been continuously committed over a considerable period of time, and is still punished.

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