logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.05.27 2015고합348
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a registered director of the victim's "E" corporation, which is a processing company of by-products in Indonesia D.

The defendant, as the head of the management headquarters of the above victim company, was responsible for the overall management of the company's contract and the fund execution affairs, and when the victim entered into a contract for the purchase of equipment from another company, he was willing to arbitrarily change the terms and conditions of the payment or make a false report to the victim on the terms and conditions of the contract, and embezzled the funds of the victim by withdrawing them.

1. On September 12, 2013, the Defendant: (a) purchased a Spanish project, which is a preliminary type of wheel chairs installed in the company’s company’s middle-class wheel chairs and wheelchairs; (b) made 10% advance payment under the condition that KRW 2,255,831 shall be paid in advance and 90% shall be paid in advance at the time of the delivery of equipment; and (c) obtained approval for the aforementioned funding from the injured party on November 2, 2014, the Defendant purchased two of six wheelchairss among the six wheelchairs and changed the content of the contract into USD 77,942 above to USD 33,383 at the expense of USD 30,545,546.

Although the Defendant changed the contract to purchase the two wheelchairss as above, the Defendant deemed the victim to be a false contract that pays the total amount in lump sum. At that time, the Defendant withdrawn USD 2,255,831 from the Bank (Account Number: G), KEB Han Bank (Account Number: H), and NZ Bank (Account Number: I), which is the corporate account of the victim, at several times, the sum of USD 2,255,831, and around December 2014, the amount calculated by subtracting USD 54,559 equivalent to the principal of the above wheelchairs and USD 98,780, which is the amount calculated by subtracting the advance payment from USD 10% among USD 98,780.

arrow