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(영문) 의정부지방법원 2017.05.12 2016고단4159
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From January 1, 2010 to December 31, 2012, the Defendant is a person who was an accounting employee of C Cooperatives CF’s CFC from January 1, 201.

On August 16, 2011, the Defendant managed a new bank account (Account Number: F; hereinafter “instant account”) in the name of the victim with delegation from the president of the victim E at the second week’s office located in Yangju-si, and transferred KRW 870,00 to a new bank account (Account Number: G) in the name of the Defendant in order to resolve the Defendant’s financial pressure, the Defendant arbitrarily transferred KRW 870,000 from the victim’s account through sponsoring to the new bank account (Account Number: G) in the name of the Defendant, and then arbitrarily used the Defendant’s personal debt such as the Defendant’s credit card payment. From that time to November 20, 2012, the Defendant arbitrarily transferred KRW 19,659,057 from the victim’s account more than 25 times, as indicated in the list of crimes attached to the crime list, to the Defendant’s husband, the Defendant’s husband, Ha, Ha, Ha, and Y, and then arbitrarily used it for the personal purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and K;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Each police statement made to E or K;

1. Complaint;

1. An investigation report (verification of places where the amount of money deposited in the table of crime is used), a criminal investigation report (verification of places where the amount deposited in the table of crime is used), a criminal investigation report (report on the filing of an inquiry report as a result of credit information), and a criminal investigation report (Submission of the details of cash payment of suspects);

1. Application of Acts and subordinate statutes to the new bank transaction statement, the statement of withdrawal, the statement of deposit and withdrawal of agricultural cooperatives, each written confirmation of transfer transaction, the new document of deposit verification, and the new document of deposit and withdrawal transaction;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the pertinent Article of the Criminal Act, Article 355(1) of the Criminal Act regarding criminal facts, and Article 355 of the Criminal Act regarding the choice of imprisonment, etc.

1. The summary of the argument is that the defendant and the defense counsel transfer money from the account of this case to the account under the name of another, such as the defendant, etc. as stated in the facts charged.

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