logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.11.28 2014고합557
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From March 2005, the Defendant has been working for the Victim D Co., Ltd., Ltd., which is located in Busan City from March 2005, and has been in charge of accounting affairs.

During that period, the victim was affected by dementia in early 2012, and the victim was faced with difficulties in physical movement.

Accordingly, the victim had the defendant manage the funds he managed in lieu of the funds that he managed by the defendant while making the passbook in the name of the victim.

On the other hand, the Defendant suffered losses by investing in stocks and lending money from the surrounding people, and was trying to inflict losses by investing additional funds in the old stocks.

Accordingly, the Defendant, as seen above, deducted the victim’s money from the management of the passbooks of the victim to use it for personal purposes.

On January 26, 2012, while managing the passbooks of the victim as above, the Defendant deposited KRW 4,324,000 in cash from the account using the Daegu Bank passbook (Account NumberF) in the name of the victim at an unspecified place on or around January 26, 2012, and transferred KRW 1 million out of the account to the Daegu Bank Account in the name of the defendant, and used it at will for the settlement of the price of the BC Card in the name of the defendant.

In addition, from around that time to January 2014, the Defendant voluntarily consumed KRW 775,906,050 by means of remitting or transferring the funds of the victim stored in each account of the victim to the borrowed account managed by the Defendant and the Defendant, and then using them as stock investment, loan repayment, credit card payment, loan repayment, living expenses, etc.

As a result, the defendant embezzled the victim's funds while keeping them in business.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Each investigation report (including accompanying documents) and the name of the complainant.

arrow