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(영문) 수원지방법원 2016.09.27 2016고합437
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

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

Reasons

Criminal facts

From July 6, 2006 to May 10, 2016, the Defendant served as the head of the management team office of the victim FF Co., Ltd. (hereinafter “victim Co., Ltd.”) operated by Suwon-si, Suwon-si, and was in charge of the accounting and accounting of the damaged company. The Defendant funded the damaged company’s funds by appropriating the damaged company’s funds to use them for living expenses, card payments, vehicle purchase expenses, and study expenses for children.

On April 4, 2013, the Defendant, at the office of the victimized Company, posted a seal stating that it is necessary to seal the entry and exit of the victimized Company to the above E, and then withdrawn KRW 2 million from the corporate bank account of the victimized Company, which was in his/her business custody, and used it for personal purposes by withdrawing KRW 730,506,170 in cash from the victimized Company’s corporate bank account, our bank account, and Han Bank account or transferring it to the Defendant’s name.

Accordingly, the defendant embezzled the property of the damaged company that was under the occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police for E;

1. Each police investigation report ( Deletion of the list of crimes, deletion of the list of crimes, and revision of the list of crimes);

1. Report on investigation by the prosecution (to hear statements from suspects and E);

1. Application of Acts and subordinate statutes on the list of crimes, such as the business registration certificate, personal statement, business division (A), customer director, and inquiry of past transaction details, etc., each account transaction details, copies of bankbooks, provisional payment lists, mailbook, account transaction details (the starting business under the name of the suspect, cti bank), automobile transaction contract, daily table sheet, etc.;

1. The relevant Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Act No. 13719, Jan. 6, 2016) is applicable to the crime.

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