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(영문) 의정부지방법원 고양지원 2013.11.22 2013고단1775
업무상횡령등
Text

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

Reasons

Punishment of the crime

"2013 Highest 1775" Defendant has been working for the Victim C Corporation in around 1998, and from June 2012, the victim C Corporation office located in Yeongdeungpo-gu Seoul Metropolitan Government D has been working as a Grade 4 employee in the business of office of the victim C Corporation in the E station located in Yeongdeungpo-gu Seoul Metropolitan Government and has been engaged in the receipt and disbursement of passenger tickets in E station.

On August 24, 2013, the Defendant deposited KRW 34,90,00 among them into the bank account (G) in the name of the Defendant using an automatic cash withdrawal machine located in the E Station, and stored KRW 23,424,250 in a bank account in the name of the Defendant for the victim while he/she kept KRW 135,625,850 for the victim, including KRW 48,625,850, and KRW 31,000,000 in the interim settlement of revenues from tickets for 23 days, which were handed over by F, a preceding worker, at the E Station Office, and KRW 23,424,250, and then embezzled KRW 58,414,250 for personal debt repayment and horse racing.

On March 1, 2013, the Defendant stated that “If there is an urgent circumstance, 50 million won will be repaid at the latest within 2 months,” at the office of the branch office of the C & E station located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul.”

However, in fact, the defendant did not have any particular property, while he did not have any intent or ability to repay money as promised even if he borrowed money from the victim, such as there was a debt equivalent to about KRW 200 million.

As such, the Defendant, by deceiving the victim as such, to the new bank account under the name of the Defendant from the victim, is two million won on the same day, and the same month.

2. 1.5 million won, and the same month;

4. 10 million won and the same month with the account in the name of the defendant for a bank;

4. Two million won, and the same month; and

8. The same month in which money is remitted as 20 million won;

8. The victim acquired 50 million won in total by taking 14.5 million won, such as the victim’s corporate bank check-up and withdrawing 14.5 million won.

Summary of Evidence

"2013 Highest 1775"

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. I.D.

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