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(영문) 의정부지방법원 고양지원 2016.10.21 2016고합67
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From April 201 to April 12, 2016, the Defendant: (a) an employee of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd”) operated by D (hereinafter “victim Co., Ltd”) who produces clothes in a local plant of China, the Philippines, and supplies them to domestic companies; (b) took charge of domestic customs clearance of goods produced overseas by the Victim Co., Ltd. and accounting of overseas remittance, etc.; and (c) took overall charge of domestic

The defendant was entrusted with the management of the funds of the victim company, and most D, the representative director of the corporation, stayed in a local factory, such as China, the Philippines, etc., in order to embezzled the company's funds.

On February 12, 2013, the Defendant transferred KRW 10 million to the new bank account (Account Number: G) in the name of the Defendant in the name of the victim bank account (Account Number:F) in the name of the victim company that was kept in custody for the business of the Defendant, and used it for the personal purpose of gambling funds, etc. around that time.

In addition, from the above date to March 11, 2016, the Defendant embezzled the total amount of KRW 1,728,024,83 in total from the account in the name of the Defendant in the name of the victim company at least 155 times in total, as shown in the list of crimes in the attached Table of Crimes, by transferring the total amount of KRW 1,728,024,83 from the said account in the name of the Defendant, to the said account in the name of the victim bank account, SC Bank account (H), CC Bank account (Account Number: I), and Agricultural Cooperative Account (Account Number:J), and then arbitrarily used it for personal

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police statement concerning D;

1. A list of transactions by account;

1. Application of the details of the SC Bank account (A), the details of the new bank account (A), the details of the Korean City Bank account (A), and the details of the Nong Bank account (A);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. Dismissal of a compensation order;

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