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(영문) 서울중앙지방법원 2015.11.12 2015고단5379
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

In 2007, the Defendant entered the Korea Dental Industrial Association (hereinafter referred to as the “Korea Dental Industrial Association”) which is an incorporated association that manufactures and sells dental equipment as its members and took charge of accounting affairs.

While the Defendant transferred the expenses such as the benefits to be paid to the Association employees in charge of accounting affairs, such as the accounts of the Victim Korea Association, to the account in the name of the Defendant, and then transferred the expenses to the Association employees, and then transferred them to the Association employees, the Defendant paid the difference to the company bank account in the name of the Defendant to the company bank account in the name of the actual employees, and paid the remaining difference to use it as living expenses, etc.

On January 25, 2011, the Defendant: (a) transferred an amount equivalent to KRW 12,720,206 from the foreign exchange bank account in the name of the victim to the company bank account in the name of the defendant; (b) paid an amount equivalent to KRW 11,612,021 to employees as remuneration, etc.; and (c) embezzled an amount equivalent to KRW 1,108,185 using the difference as living expenses, etc. from around February 13, 2015 to around February 13, 2015, the Defendant arbitrarily used KRW 61,309,633 of the victim’s operational fund as stated in the attached list of crimes, from around that time.

Accordingly, the Defendant embezzled the amount equivalent to KRW 61,309,633 of the victim's operating capital.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Details of account transactions under the name of the Korean Association of Korea and Stated Industry, part of account transactions under A, data submitted by A (specific amount of embezzlement), details of embezzlement and specific account transactions under A, and detailed statement of account transactions under the name of A;

1. Application of Acts and subordinate statutes on investigation reports (specific reporting on the amount of embezzlement);

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of criminal facts;

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