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(영문) 수원지방법원 2016.08.11 2015고단6216
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From November 2013, the Defendant has been working as a director in charge of finance of the victim C (representative D) corporation in the victim C (representative director D) in the Sungnam-si building B and the third floor in Sungnam-si, and has been engaged in the management of funds of the victim company.

1. From January 11, 2014 to November 4, 2014, the Defendant embezzled KRW 4,033,390,00 in total, on a total of 198 occasions, from around November 11, 2014, when he/she kept for the victim public funds in the victim’s corporate bank account (E) and non-chron cards linked to the said account on behalf of the victim. On January 11, 2014, the Defendant embezzled KRW 26,500 by settling the said card at F restaurant with the said card and arbitrarily used the public funds for personal preparation, from that time, from that time to November 4, 2014.

2. From February 21, 2014 to September 1, 2014, the Defendant: (a) deposited public funds in the Victim’s Bank Account (G) and the Enterprise Bank Account (H) on behalf of the Victim; (b) embezzled KRW 600,50 on February 21, 2014, after remitting KRW 600,50 to the Postal Account in the Defendant’s name; and (c) arbitrarily used an amount other than the content of receipt by withdrawing the provisional payment for personal use from around September 1, 2014; and (d) embezzled KRW 4,686,940 on a total of 19 occasions from that time for personal use, such as the List of Crimes (2).

3. From December 13, 2013 to September 23, 2014, the Defendant embezzled KRW 6,201,760,00 in total for 24 occasions from around September 23, 2014, from around December 13, 2013 to around September 23, 2014, a sum of KRW 1,00,000 for cash withdrawal around December 13, 2013 and arbitrarily used for personal purposes, as shown in the List of Crimes (3).

4. The Defendant stated VV technology from I, the other party to the transaction in the victim company.

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