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(영문) 대전지방법원 홍성지원 2015.11.13 2015고단899
업무상횡령
Text

A defendant shall be punished by imprisonment for 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

The defendant is the vice president of E Co., Ltd., Ltd., Ltd., D, who actually runs the above company.

1. The Defendant transferred KRW 3,800,000,000 from the office of the Co., Ltd. E to the bank account in the name of the Defendant in the name of the victim from January 10, 201 to the bank account in the name of G (H) used by the Defendant, while keeping the money owned by the victim in business for the victim’s money deposited in the agricultural bank account in the name of the victim E Co., Ltd. (F), and then again remitted the money to the bank account in the name of G (H) in the name of the Defendant’s father’s name, and used the said money for the purpose of living expenses, etc. from around that time to September 27, 2011, the Defendant arbitrarily consumed the said money for nine times in total, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

Accordingly, the defendant embezzled the victim's property.

2. The Defendant had his father, the father of the Defendant, registered K as a victim’s employee, and disguisedly used K’s actual work as a victim’s employee so that wages were paid to K’s account, and used it for personal purposes to be embezzled.

On February 10, 2014, the Defendant remitted KRW 9,378,840,00 from the said NA’s office to the new bank account (L) with the victim’s name in the said NAC’s name from the said NAC’s income to the NAC’s new bank account (L) around February 10, 201, and then arbitrarily remitted KRW 9,000,000 to the Defendant’s mother managing the Defendant’s name, and consumed the said money under the name of the Defendant’s name, such as living expenses, etc.

5. From the date of May, 15, a total of 36,922,60 won was remitted to the account in the above K’s name on four occasions, such as the list of offenses (2) as shown in the attached Table of Crimes (2), and was arbitrarily consumed under the name of the living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

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