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(영문) 서울중앙지방법원 2016.11.10 2016고합1037
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Defendant: (a) Embezzlement Co., Ltd., an applicant for compensation, 487,493,816.

Reasons

Punishment of the crime

The Defendant is a person who was engaged in the business of selling mobile merchandise coupons while working as a corporate business team agent of the victim C Co., Ltd. (hereinafter “victim”) that sells mobile merchandise coupons from January 2, 2012 to August 31, 2016.

On May 8, 2016, the Defendant confirmed that, at the victim company's business team office located on the seventh floor of Seocho-gu Seoul Metropolitan Government DD building, the Defendant still remains usable out of the limit of credit limit of the victim company's purchase of gift certificates by Korea Economic TelecommunicationB, a merchandise coupon sales agent company connected to the victim company's X-Cms program and traded with the victim company. The Defendant, at the victim company's mobile merchandise sales site, the Korea Economic TelecommunicationB, known to the victim company's mobile merchandise sales site, arbitrarily cut off the Plaintiff's mobile merchandise coupon with the ID and password of the account. The Defendant sold five million won mobile merchandise coupons to the victim company, and issued the victim's new mobile merchandise coupon to the victim company's friendly F, and then sent the mobile merchandise coupon to F, and then exchanged the Defendant's mobile merchandise coupon to F, and then deducted it from 500 million won to the Defendant's new merchandise coupon from 500 million won to the Defendant's trust account in the name of embezzlement.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning G and H statements of each prosecutor's interrogation protocol against the defendant

1. Written public prosecutorial statements of G and I;

1. Investigation report (F and telephone call for reference);

1. Application of Acts and subordinate statutes on details of financial transactions and use;

1. Criminal facts;

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