logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.11.02 2017고단2617
업무상횡령
Text

The defendant is acquitted. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is from July 17, 2012 to serve as accounting staff of victim D Co., Ltd. located in the racing-si, while engaging in the management of the company's funds, such as liquor sales proceeds and credit settlement proceeds.

On August 24, 2012, the Defendant: (a) transferred KRW 200,000 to a passbook under the name of the Defendant from E, the representative of the transaction partner of the said corporation D (hereinafter “Appellant”); and (b) embezzled the property of the victim company, which was under the custody of the victim company on behalf of the victim company, after withdrawing 67,00,000 won from the point of entry in Ulsan-gu, Ulsan-gu, U.S. on the same day, the Defendant voluntarily used for personal purposes, such as living expenses, from that time to October 27, 2014, from that time, the sum of the credit amount collected for the victim company on behalf of the victim company, including the sum of the credit amount collected at KRW 95,948,00,00, which was under the custody of the victim company, as shown in the list of crimes in the attached Table.

2. Determination

A. Several business embezzlements in the relevant legal principles

Even in cases where the legal interests from damage are uniform, the form of a single crime is identical, and the act is recognized as a series of acts due to the realization of a single criminal intent, such cases constitute one crime (Supreme Court Decision 2010Do13801 Decided February 24, 201). Meanwhile, in cases where a judgment becomes final and conclusive with respect to a part of a crime in the relationship of a single comprehensive crime, the final and conclusive judgment on the crime committed prior to the time when the judgment is rendered at a fact-finding court shall be sentenced to a judgment of acquittal after the res judicata effect of the final and conclusive judgment has been suspended (see, e.g., Supreme Court Decision 2013Do11649, Jan. 16, 2014). (b) According to the records of the final and conclusive judgment, the Defendant is employed as an accounting employee of the “Stock Co., Ltd. (F (formerly changed “DD”) operated by the complainant on September 29, 2012, which carried out management work, such as the price for gas.

arrow