logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.02 2019고정21
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the victim B, who is engaged in overall management of the fund of the above company.

After registering wife C as an employee of the victim company, the Defendant had been able to arbitrarily use the funds of the victim company as a salary for C.

Accordingly, around November 2, 2009, the Defendant arbitrarily transferred KRW 1,021,290, out of the funds deposited in a company bank account in the name of the victim company in the name of the victim company in the name of the victim company, which was kept in the business for the victim company, to the deposit account in the name of C, as well as arbitrarily remitting KRW 1,021,29, out of the funds deposited in the bank account in the name of the victim company in the name of the victim company in the name of the victim company. From around that time to September 10, 2018, the Defendant wired KRW 27,190,340 in total over 110 times as shown

Summary of Evidence

1. Partial statement of the defendant;

1. Some police interrogation protocol regarding C;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on withholding receipts for employment income and details of entrance and withdrawal transactions;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant asserts that he remitted KRW 227,190,340 to C as above, but he merely lends a total of KRW 274,00,000 to C, etc. and lends to the company a total of KRW 274,000,000,000,000,000,000 to C in the form of benefit, and thus, he did not have the intent

2. According to the evidence duly adopted and examined by this court, although C does not have worked as a worker in the victim company, the defendant was found to have paid C the funds of the victim company as above under the monthly salary, and the following circumstances are revealed by the same evidence.

arrow