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(영문) 서울남부지방법원 2014.01.24 2012고단3455
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On August 21, 2008, the Defendant, as the managing director of D Co., Ltd., the injured party in Gwangju City, embezzled public funds as follows, in the course of business, with delegation of the right to recover credits from the injured company from around August 21, 2008, and embezzled public funds to keep the money owned by the said company for business purposes.

1. On October 8, 2008, the Defendant received KRW 98,000,00 as the price for the delivery of goods from a lot shopping, which is a customer, and deposited into a new bank account (Account Number:F) in the name of the Defendant’s wife E on the 21st of the same month and kept for business purposes;

(a) on October 23, 2008, withdraw 6,000,000 won from the above account from the above company and embezzled the equivalent amount for personal purposes;

B. On November 20, 2008, withdrawn KRW 9,500,000 from the said account from the said company and embezzled the sum of KRW 5,500,000 in total by remitting KRW 2,50,000 to G and KRW 3,00,000 to H;

C. On December 22, 2008, withdrawing KRW 3,200,000 from the above account from the above company and embling the equivalent amount for personal purposes;

D. On December 29, 2008, the company withdrawn KRW 1,000,000 from the above account from the above account and embezzled the equivalent amount for personal purposes.

2. Around March 9, 2009, the Defendant received KRW 30,000,000 from the owner of a company building I to the post office account (Account Number:J) in the name of the Defendant and embezzled an amount equivalent to the said amount for personal purposes by transferring KRW 30,00,000 to the new bank account (Account Number: L) in the name of K on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M, N,O, and P;

1. The prosecutor's protocol of interrogation of the accused (includingM statements);

1. The investigation report (the record file of the last embezzlement chart on the complainant) and the investigation result report;

1. A copy of notarial deed (98 million won per unit table), a copy of power of attorney, a notice of assignment of claims (transfer contract) attached to a complaint;

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