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(영문) 대구지방법원 2017.09.21 2017고단3017
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From December 12, 2011 to January 31, 2017, the Defendant was working as the head of the Japanese branch office of the Victim C Co., Ltd., and sold a divers for automobiles produced by the injured party within Japan, and was engaged in the business of collecting the price.

The Defendant opened and used a personal account in the name of “A” (hereinafter “CG branch office”) in the name of “A” in the Japanese branch office (hereinafter “CB branch office”) from the victim company for the purpose of receiving necessary expenses, such as entertainment expenses and office supplies, from the victim company, and received money from the customer company to the account in the name of “A” bank in the name of “CJP” bank and received money from the victim company for personal use or used it for personal use, or transferred money to the corporate account in the name of “CJPN” bank established by the Defendant.

On February 10, 2016, the Defendant requested a person in charge of the victim's transaction partner D'D' in the Dong-si of Japan to transfer the price of goods to the Japanese branch account, not to the account of the victim, and used it for personal purposes, such as personal debt repayment, by receiving from the said customer D's transaction partner D'D' to transfer the price of goods to the account of the Japanese branch account, and then receiving 1,39,258N from the said customer D's bank account for the victim and using it for the victim's business. At that time, the Defendant used it for personal purposes, such as entertainment expenses and living expenses, in total 30,46,71 UN ( approximately 308,183,575 won in the attached list of crimes), as shown in the attached list of crimes, from January 26, 2017.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of each protocol concerning the suspect interrogation of the police against the accused (including the E part of the statement);

1. Complaint;

1. Submission of translations;

1. Each investigation report (to submit a statement, record, etc. of the complainant's agent's statement and record, and to submit a copy of e-mail and Stockholm sent to the suspect company).

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