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(영문) 대전지방법원 2020.09.24 2019고단2262
횡령등
Text

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

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

Reasons

Criminal facts

[2019 Highest 2262] The Defendant, a person operating C in Daejeon U.S. B and the first floor, entered into a contract with D and agency (D and agency) of the victimized Company on December 2, 2012, and the Defendant directly received the amount from the customers by selling the travel goods of the victimized Company, and operated the said agency in such a way as to pay the victimized Company the amount excluding the fee to be paid by the victimized Company.

On July 13, 2018, the Defendant: (a) deposited KRW 5,952,00 as part of the price of the Chinese travel product supplied by the victimized Company E in the name of the F Bank account in the name of the F Bank account, and stored for the victimized Company; (b) thereafter, the Defendant embezzled the total amount of KRW 35,409,00 for the victimized Company by using it for the purpose of paying the debt, paying the other travel product cost, credit card payment, insurance premium payment, etc. from the clients who purchased the travel product as shown in the annexed crime list by October 26, 2018.

[2020 large group 174] The Defendant: (a) around October 24, 2018, the victim I, who was the shareholder and the place of business of the victim H Co., Ltd., the Defendant entered into a contract with H on June 7, 2018; (b) Japan from November 7, 2018; (c) travel goods (the value of goods 43,610,000 won for each person; (d) 49,000 won for each person) and Japan Cats travel goods (the value of goods 13,146,000 won for each person; (d) 14,139,000 won for each person; (e) 14,14,939,000 won for each person; or (e) 939,000 won for each person; and (e) made a false deposit with the victim H.

However, the Defendant received travel goods from around January 2018, with the repayment of existing borrowed money, the repayment of obligations of financial institutions.

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