logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.05.25 2016고단834
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in commodity management and fund management in a victim C corporation.

1. Around February 19, 2014, the Defendant embezzled the sales price of fishery products by voluntarily consuming KRW 161,44,907 for 35 times from around October 24, 2015, from the time of the following: (a) around February 19, 2014, the Defendant: (b) sold the fishery products of the said victim’s company in the Gaak-dong Agricultural and Fishery Wholesale Market fishery market; (c) sold the fishery products of the said victim’s company in D; and (d) embezzled the sales price of KRW 2,600,000, which was collected by the said victim’s company; and (d) embezzled the said funds by voluntarily consuming KRW 161,44,907, as in

2. 냉동창고에 보관 중인 물품 횡령 피고인은 2015. 1. 8. 경 서울 송파구 가락동에 있는 서한 냉장 주식회사의 냉동창고에서, 그곳에 업무상 보관 중이 던 피해자 회사 소유의 꼬리 새우 (1.5kg *6) 5 박스 시가 774,000원 상당을 임의로 매각하여 이를 횡령한 것을 비롯하여 별지 범죄 일람표 (2) 기 재와 같이 그때부터 2015. 10. 29. 경까지 22회에 걸쳐 위 냉동창고에 보관 중이 던 수산물 시가 합계 26,306,000원 상당을 임의로 매각하여 이를 횡령하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. Written statements of E and F;

1. Complaints of E preparation;

1. A report on investigation;

1. Application of Acts and subordinate statutes to detailed statement of damage, current status of entry and departure, current status of inventory at the site, current status of inventory, and current status of receipts by transaction parties;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the recommended punishment / [the scope of embezzlement and breach of trust ] Article 2 of the Act on the Aggravated Punishment of Embezzlement (not less than 100 million won but not more than 500 million won - June -2): A special mitigated person: A self-denunciation [the decision of sentencing] is in depth while the defendant commits a death to the victim, and a fine is more than a fine since 195.

arrow