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(영문) 울산지방법원 2018.06.15 2017고합412
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for two years and fines for 300,000,000 won, Defendant B and C shall be punished by imprisonment for one year and six months, respectively.

Defendant .

Reasons

Punishment of the crime

[Defendant A’s business affairs, etc.] Defendant A is the representative director of the Dispute Resolution Co., Ltd. E (hereinafter “E”) in Ulsan-gu, Ulsan-gu, and Defendant B is the representative director of the Damage Settlement Fund F (hereinafter “F”) in Ulsan-gu, Ulsan-gu, and Defendant C served as a general secretary from August 29, 2007 to July 7, 2014.

Defendant

A, while substantially managing “E” and “F” under the above B’s punishment, controlled the overall affairs, and stored and managed its operating funds. Defendant B, under the direction of the above A, controlled the overall affairs of “F” and stored and managed its operating funds. Defendant C, under the direction of the above A and B, took overall control of the overall affairs of “F” and under the direction of the above A and B, kept, managed, and executed the operating funds.

[Criminal facts]

1. Occupational embezzlement of Defendant A;

A. On January 4, 2012, the Defendant: (a) transferred the company’s operating funds of KRW 13 million to the Defendant’s personal account under the name of temporary payments; and (b) voluntarily used them for private purposes, such as living expenses; (c) around that time, from around September 9, 2016 to around September 38, 2016 in the same manner; (d) KRW 2,34,300,000 from the Victim E in total; and (e) 56 times in total from the Victim F to the Defendant’s personal account; and (e) embezzled them by receiving KRW 3,410,200,000 from the Defendant’s personal account in the same manner, as in the list of crimes in the attached Form (1).

B. On February 2, 2008, the Defendant registered the Defendant’s wife G who did not work for the company operated by the Defendant as an employee of “E”, and transferred KRW 5 million from the corporate account of “E” to the corporate account of “E” to use it voluntarily for private purposes, such as living expenses, etc., as well as from around that time to January 2017, the Defendant’s Ha, wife G, son I, son I, and maris J.

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