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(영문) 대구지방법원 2017.07.06 2017고단2116
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On-site management of D, E plant construction, F, G sites, etc. conducted by the victim C corporation from July 1, 2008, the Defendant was in charge of accounting, funds, general affairs, and labor at each of the above construction sites.

1. On June 8, 2012, the Defendant received 60,000,000,000 from the lessor’s account under C’s name as the leased deposit to be returned due to the expiration of the lease term of a lodging house for employees at D construction site employees, and embezzled the said money by voluntarily using the Defendant’s personal living cost and stock investment at a non-place where the victim was kept for the victim.

2. On February 6, 2014, the Defendant received money from the injured party at the construction site via the Agricultural Cooperative Account (H) in the name of the said C, and remitted KRW 19,000,000 among those kept for the victim, to the new bank passbook in the name of the Defendant, and embezzled the money by arbitrarily using personal living expenses and stock investment funds at the non-place where it was around that time.

3. On October 8, 2014, the Defendant received construction cost of KRW 11,00,000 from the injured party at the construction site of G to the said account under the name of the said C (I) and embezzled by using the money for personal purposes after he/she transferred the money from the non-place of residence to the account under the name of the Defendant at the time of the transfer or voluntarily withdrawn.

4. From September 30, 201 to November 201, 2014, the Defendant embezzled the daily retirement mutual aid deposit scheme at the site of D, E, and G from around September 201 to around November 201, by falsely preparing a false list of the daily retirement mutual aid deposits from around September 30, 201 to around November 28, 201, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Details of the retirement mutual aid installment transfer table and each deposit transaction;

1. Each investigation report (amount of embezzlement of a suspect);

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