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(영문) 서울동부지방법원 2019.06.13 2016고단3756
업무상횡령등
Text

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

An applicant for compensation shall be dismissed.

Operating expenses, such as electricity charges, of F.

Reasons

Punishment of the crime

The Defendant, from September 2010 to September 2013, is a person who was in office as the representative director of the damage company B, the victim of Indonesia Flaz, the victim of Indonesia, and has overall control over the operation and fund management of the damage company.

Around October 29, 2012, the Defendant managed the Indonesian bank account of the victimized company and managed the funds of the victimized company, the Defendant, at that time, embezzled KRW 47,160,000, which would be returned from H, Inc., Ltd., Inc., the business partner, for the Defendant’s repayment of the Defendant’s obligation to the Defendant, and subsequently used it for private purposes. From that time to June 2013, the Defendant embezzled KRW 17,00 in total four times, including USD 1,2,3,00 and USD 17,00 in attached Table I,341,035,00 in total, and KRW 47,160,00 in total, from that time until June 2013.

Summary of Evidence

1. Statement made by J in the fifth trial records;

1. Each prosecutor's protocol of examination of the accused (including the J's statement);

1. Each police suspect interrogation protocol against the defendant (including the part before the court);

1. The application of Acts and subordinate statutes, such as each e-mail and copy of the passbook, I bank account transfer result, H deposit account transfer result, I account receipt, receipt, etc., I loan funds of KRW 50,00,000,000,000,000,000 from L, copy of the passbook with L, document verifying payment and deposit account deposit account, H 2, the details of the electric user fee paid to H from H, the details of the electric user fee paid to N, the details of the electric user fee paid to N, the F's pay, F repair cost, the disbursement details of personal name funds paid to N, the personal name account transfer details, certificates, etc., each e-mail, business plan, investigation report (O statement, P-related, K-related,O statement), details of receipts paid to N Q, details of transactions, business registration certificate, etc.;

1. Article 355(2) and (1) of the Criminal Act (the occupation of occupational embezzlement) and the choice of penalty for the crime;

1. Of concurrent crimes, the accused and the defense counsel under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

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