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(영문) 의정부지방법원 고양지원 2013.09.11 2013고합70
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

1. Defendant A shall be punished by imprisonment for three years;

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant worked as the head of the Financial Accounting Division of the Victim Company F with the aim of manufacturing, wholesale, retail, and export and import business, etc. from January 10, 2010 to May 31, 2012, Defendant A, who had been engaged in the said company’s financial accounting work. A

On March 23, 2010, the Defendant: (a) withdrawn KRW 20 million from the corporate bank account (G) of the victim company that the Defendant kept and managed in business at the HE branch; (b) deposited into the Defendant’s corporate bank account (H) around that time; (c) consumed personal debt for the purpose of repayment, etc.; and (d) embezzled KRW 831,867,690 in total by using the same method over 40 times from that time until April 26, 2012, as indicated in the attached list of crimes (1).

B. On April 2, 2011, the Defendant embezzled KRW 50,065,00 in total by the same method 57 times as indicated in the attached Table of Crimes (2) between the time around 201 and April 10, 2012, using the Defendant’s National Bank Corporation Card (J) for the Victim Company, which was kept and managed for business purposes for the Victim Company, and then paid 690,000 won for the Defendant’s entertainment expenses by using the Defendant’s entertainment expenses by using the Defendant’s national bank card (J) for the Victim Company.

2. Defendant B served as a member of the financial accounting team of the victim company from July 2009 to April 2012, 201, and was engaged in accounting affairs of the said company.

On May 3, 2011, the Defendant embezzled KRW 585,959 from the account of the victim company that the Defendant kept and managed in the course of business to the Defendant’s bank account (K) and consumed for the purpose of living expenses, etc. around that time, and then, from around that time to March 30, 2012, the Defendant embezzled KRW 23,870,523 by consuming the total amount of KRW 29 times in mind, as shown in the attached list of crimes (3).

B. On January 28, 2012, the Defendant is in Bupyeong-si, Seocheon-si.

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