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(영문) 서울중앙지방법원 2016.05.20 2016고합177
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From July 16, 2014, the Defendant has been engaged in the business of managing and executing the funds of the above two companies, as the victim D limited company and the victim E in charge of accounting who jointly uses the office in the 12th floor of the Seocho-gu Seoul Metropolitan Government building C.

1. The Defendant embezzled KRW 370,101,310 of the total amount of money of the victim D limited liability company by arbitrarily holding an OTP card for the manager kept by the auditor F of the above two companies from January 6, 2015 to December 18, 2015, as in the attached Table 1, by withdrawing cash from the Korean won bank account (Account Number (Account Number) of the above two companies and transferring it to the Defendant’s account, as in the attached Table 1, the Defendant embezzled KRW 370,101,310 of the total amount of money of the victim D limited liability company by transferring it to the Defendant’s account.

2. The Defendant embezzled the sum of KRW 750,66,096 of the victim E’s total amount by means of transferring from the Defendant’s Korean won bank account (Account Number: H) to a third party’s account in the victim E’s Korean won bank account, which was kept for Internet banking in the above office 29 times from February 10, 2015 to December 22, 2015, as in the re-written list of crimes committed against E, the Defendant embezzled KRW 750,66,096, by using an OTP card for the manager of the victim E Co., Ltd.

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 with regard to F;

1. A report on investigation (revision of the amount set forth in the table of crime) and a report on investigation (an accusation monetary report);

1. Matters to be registered in the corporation, details of the transaction of securities account for the suspect, details of the transaction of the suspect bank, E transaction statement, D's foreign currency account for the limited company, and D's foreign currency account law applicable;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the crime (the point of occupational embezzlement against victim D limited liability company, the choice of imprisonment), Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement against victim E)

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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