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(영문) 대전지방법원 천안지원 2018.08.17 2018고단777
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is in charge of accounting from the victim D Co., Ltd. (hereinafter referred to as “victim”) to December 2008 to September 28, 201, as a chain of construction business in Seocho-gu, Seocho-gu, Seoul Metropolitan Government (hereinafter referred to as “the victim company”).

1. On December 8, 2008, the Defendant violated the management accounting of the victimized company’s occupational breach of trust, which violates the duty to use E (F) card, which is the card of the victimized company, for the business affairs of the victimized company, and acquired the Defendant’s personal travel expenses of KRW 1,565,550 by means of the above E card and acquired property gains equivalent to KRW 1,565,550 by voluntarily paying the Defendant’s personal travel expenses in the said E card, and caused damage to the victimized company from December 16, 2010 until December 16, 2010, the Defendant paid 45,598,384 won by voluntarily paying the Defendant’s personal debt with the above E card, and acquired the Defendant’s property gains equivalent to KRW 45,598,384 won by voluntarily paying the Defendant’s personal debt in the above E card, and caused considerable damages to the victimized company.

2. On August 1, 2009, the Defendant embezzled KRW 500,000 of the funds of the victimized company deposited in the said account from the said victimized company’s office to the K account in the name of the Defendant during the course of business and embezzled by using the Defendant’s repayment of his/her personal debt until May 20, 2011, from the time when he/she arbitrarily transfers the amount of KRW 500,000 of the funds of the victimized company deposited in the said account from the said victimized company’s office to the K account in the name of the Defendant’s name during the course of business management, as shown in attached Table 2, the sum of the funds of the victimized company over 32,173,792 during the course of business management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Details of approval of E cards, and those of bank deposits and deposits;

1. Application of Acts and subordinate statutes to an investigation report (attached to C data submitted by a complainant), an investigation report (attached to L data submitted by a complainant), an investigation report (the result of confirmation of account details of a suspect A), an investigation report (the result of analysis of transaction details of deposit and withdrawal);

1. Criminal facts;

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