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(영문) 청주지방법원 2014.07.09 2013고단1190
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant had been engaged in claims collection business from November 1, 201 to April 30, 201, as a staff member in charge of claims collection at the victim D's Cheongju District Office located in the fourth floor of the Cheongju-si Seoul Building from November 1, 2011 to April 30, 2013.

On December 23, 2011, the Defendant received 150,000 won from E, a debtor in arrears with the card payment of the said company, to the Defendant’s personal account, and was in the custody of the victim company for the purpose of the victim company. At around that time, the Defendant consumed at Cheongju-si, a member of Cheongju-si arbitrarily for personal purposes such as living expenses.

In addition, the Defendant, from November 1, 201 to April 30, 2013, embezzled the total amount of KRW 88,425,840 by the same method from one day to 65 times, as shown in the list of crimes in the separate sheet.

"2013 Highest 1693" Defendant was commissioned to mediate the lease agreement between Cheongju-si and Cheongju-si 203 while working as secretary at the G Licensed Real Estate Agent's Office located in Cheongju-si, considerable area of Cheongju-si.

On July 10, 2013, the Defendant: (a) arranged a lease contract of KRW 30 million between the wife of the said lessor J and the victim K; (b) from that time to August 14, 2013, the Defendant sent the lease deposit of KRW 30 million to H during four times from that time; and (c) was transferred from the victim to the Defendant’s account; and (d) embezzled the remainder of KRW 28,000,000 to H as a means of living expenses, debt repayment at around that time.

Summary of Evidence

"2013 Highest 1190"

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Inquiry into the details of account transactions, inquiry into the liquidity details of new banks, inquiry into the details of transactions by account of corporate banks, inquiry into the details of transactions by account of corporate banks, and inquiry into the details of transactions by new banks;

1. The investigative report (the statement hearing of a complainant's representative) shall be January 1, 2013, 1693;

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