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(영문) 수원지방법원 성남지원 2016.04.18 2015고단2301
업무상횡령
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From February 21, 2014, the Defendant, as a director of the business division, has been engaged in the affairs of joining the beauty room franchise store of the said company and the management and supervision of new open the art room facilities, as the victim corporation, Gangnam-gu, Seoul, Seoul.

1. On September 14, 2015, the Defendant: (a) took charge of the business start-up management of the Y beauty room datum of Nowon-gu, Seoul Special Metropolitan City X 2, X 2, and embezzled the victim’s property by consuming KRW 9 million for personal purposes, such as personal debt repayment, gambling funds, etc. while receiving transfer of KRW 9 million for the construction work from the tegypt Design Co., Ltd., a subcontractor of the tegian Corporation (Z) to its corporate bank account; and (b) embezzled the victim’s property while the Defendant was in business custody for the said victimized company.

2. On September 24, 2015, the Defendant received KRW 16,50,000 from AC, the owner of “AB” franchise store located on the second floor of the building AA in Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan City, to transfer to the account referred to in paragraph 1, and embezzled the victim’s property by consuming it for personal purposes, such as gambling funds, while being kept in custody for the said victimized company for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against AD;

1. Supervision expenses, details of deposit transactions, etc. on the Defendant’s account interior;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense, the selection of fines (including the fact that the accused is against himself, has repaid part of the amount of damage, has no record of the same kind of crime and has no record of being sentenced to a fine or more severe punishment, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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