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(영문) 수원지방법원 2017.01.12 2016고합488
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant has been engaged in the expenditure and management of apartment management expenses as an accounting employee of the Dongjak-gu Seoul Metropolitan Government apartment management office from January 9, 1995 to April 30, 2014.

Defendant: (a) received and managed the said management expenses by dividing them into the new bank account, the national bank account, and the Korean bank account from the occupant of C apartment as the victim; (b) withdrawn from one account, including items that can be paid in the upper place of expenditure, and (c) out of one account, the items that can be paid in the middle of the items are collected and executed in duplicate from other accounts; and (d) the rest of the expenditure items are to be disbursed from the estimated amount of expenditure as above, thereby embezzlement the amount equivalent to the amount that was paid in duplicate.

On January 10, 2011, the Defendant collected KRW 20,935,880 from the said new bank account to pay for health insurance premiums that can be paid as a branch, and KRW 20,935,880,00 of the total estimated expenditure for the sake of the victim’s business, and embezzled KRW 11,928,780,00 from the said bank account to the second to the second, and embezzled KRW 11,928,780 from January 10 to October 10, 2013 as indicated in the attached list of crimes, including embezzlement of KRW 11,928,780, which was deposited in excess of the estimated expenditure, for personal purposes, such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. Complaint;

1. Evidential materials and the details of transactions with the account of the person under consideration;

1. Each investigation report (a specific investigation into the account of the management office transferred to the deposit management account of the management office and to the account under the name of the suspect, and an investigation into the correction of the list of crimes and the amount of embezzlement) shall be subject to the application of statutes;

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