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(영문) 대전지방법원 2013.05.28 2012고합705
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From October 19, 2006 to October 201, 201, the Defendant: (a) the Chairperson of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) (hereinafter “victim Co., Ltd.”), a superior company located in Seo-gu Daejeon, Daejeon, took overall charge of the management of funds of the Victim Co., Ltd. as the actual operator; and (b) kept public funds of the Victim Co., Ltd., Ltd.

On April 2, 2010, the Defendant directed an accounting employee at the office of the victim company to transfer KRW 5 million out of the public funds of the victim company’s account in the name of the victim company to the new bank account (Account Number H) in the name of G, which is a borrowed account arbitrarily used by the Defendant. At that time, the Defendant withdrawn KRW 5 million and consumed it for personal purposes.

In addition, from around that time to September 27, 201, the Defendant embezzled public funds of the victim company by arbitrarily remitting or withdrawing public funds of the victim company amounting to KRW 973,191,00 in total from around 254 times as shown in the attached list of crimes.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. A witness I and each legal statement of the J;

1. Each statement made by the witness J in the second trial records and by the witness K in the third trial records;

1. Results of an order to submit financial transaction information to NongHyup Bank;

1. Statement of each police statement concerning L;

1. Written confirmation of the preparation of M (Evidence records 130 to 131 pages);

1. Each investigation report (report on the filing of the current status of entry and departure by individual, reporting on the current status of reference materials, such as revenue and expenditure statement, reporting on the revised details of provisional payments of provisional payments, verification as to whether benefits and allowances are paid in duplicate, and reporting on the contents of telephone communications by reference witness N.) list, stockholders registry, organizational chart, particulars of provisional payments of expenses for events, detailed statement of changes in stocks, etc., register of corporate register, corporate register, books, the statement of deposit of expenses for exercise of membership fees, payment details

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