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(영문) 의정부지방법원 고양지원 2016.08.19 2016고단854
업무상횡령등
Text

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

Reasons

Punishment of the crime

1. From August 25, 2010 to May 18, 2012, the Defendant engaged in occupational embezzlement as accounting staff at the company (ju) that was damaged by the manufacturers of lighting equipment located in Ilyang-dong, Yongsan-gu, Busan, as well as engaging in the business of accounting, receipt and disbursement, etc. of the said company.

Around October 1, 2010, the Defendant arbitrarily prepared an accounting book as if he used a cash of KRW 300,000,000, which was kept in the custody of the Defendant’s treasury, for the purpose of repaying the provisional payment by the representative director, and used the above amount for personal purposes, such as the Defendant’s personal debt repayment and living expenses. From around that time to May 2012, the Defendant fabricated the accounting book by means of the foregoing method as shown in the list of crimes listed in the attached Table (1) and embezzled the total amount of the company’s funds for 21 times by arbitrarily consuming it.

2. The Defendant in occupational breach of trust has been engaged in accounting and accounting in the victimized company as above, and the Defendant had a duty to use the victimized company’s corporate card in compliance with its intended purpose.

Nevertheless, on June 8, 201, the defendant used E-si individually, regardless of the business affairs, at a non-place in violation of the above business affairs, and paid 12,120 won by the corporate card of the above company. From around that time to June 15, 2012, the defendant used 23,091,071 won in total under the name of personal purchase and food expenses not related to business affairs over 253 times, such as the attached list of crimes (2).

Accordingly, the defendant acquired property benefits equivalent to the above money and suffered damages equivalent to the same amount to the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A statement of crime, such as a list of accounts, a statement of complaint, a business registration certificate, each cash receipt and disbursement certificate, a ledger by account, a list of funds transfer, a ledger of wages, a list of slips, etc., a statement of the use of a corporation, and a written confirmation of the basis of provisional collection.

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