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(영문) 서울서부지방법원 2013.11.21 2013고단2448
횡령
Text

1. The defendant A shall be punished by imprisonment for six months and imprisonment for three months, respectively;

2. However, from the date when this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendants, as married couple, are operating a travel business with the trade name “E” in Article 908 of the Seoul Jung-gu D Building 908.

The victim F used the position of the E team leader while working as E's franchise operated by the defendants, and profits from the travel contract awarded by the victim without additional benefits were all brought by the victim, instead of the victim, the victim F was the helper in the production of E tour guide books, and the defendants opened the business bank account (Account Number G) in the name of the defendant B (E) so that the victim F was able to use the victim's business while working as E's franchise.

On September 2012, the Defendants conspired to use the victim’s money at will by using the said corporate bank account used by the victim’s name as the financial situation of E has deteriorated.

On October 10, 2012, the Defendants deposited the amount of KRW 10,000,000 from the H branch’s H branch’s employees of the said company bank account and kept the said amount for the victim, Defendant A sent the said amount to Defendant B for the expenses of other travel contracts. Defendant B: (a) around October 11, 2012, Defendant B withdrawn KRW 10,000,000 from the company Hongdong branch of the Seodaemun-gu Seoul Western-dong, Seoul, for the purpose of local travel expenses for the travel of the said company; and (b) around October 11, 2012, Defendant B distributed the said amount of KRW 10,000 from the company Hongdong branch of the Bank of Korea to the Defendant’s local travel expenses.

In addition, the Defendants embezzled total of KRW 15,531,00 on six occasions from September 19, 2012 to November 9, 2012 by using them as follows.

A. L. L. L.I.

1. Voluntary remittance of KRW 1,629,40 from the I Account in the name of the Enterprise Bank B on September 19, 2012 to the 1,629,400 for travel expenses.

2. On September 19, 2012, in the name of a business bank B, in the name of the head of Si/Gun/Gu, as travel expenses.

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