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(영문) 수원지방법원 2018.06.08 2018고단1616
업무상횡령등
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B From February 4, 2015, Defendant A had been employed as an employee of the victim D Co., Ltd. (hereinafter “victim Co., Ltd”) in the Gu of Ansan-si from March 23, 2015.

1. Occupational embezzlement;

A. The Defendants jointly committed the crime committed by the Defendants: (a) if they are working in the victimized company; and (b) if they are allowed to advertise from the company wishing to advertise the company, they prepared an advertising article suitable for the pertinent company and sent it to the press company and Internet portal sites.

On December 2, 2015, the Defendants received advertising expenses from a trading company and conspired to use the advertising expenses in installments after being transferred to the account opened in the name of Defendant A, not to the corporate account of the victimized company, rather than the corporate account of the victimized company.

Accordingly, around December 29, 2015, the Defendants received 400,000 won advertising expenses from E, a trading company requesting the advertisement, to the National Bank account (G) in the name of Defendant A (F), as well as from around that time to April 3, 2017, the Defendants received a total of KRW 5,965,00 from a trading company requesting the advertisement for a total of 90 times as shown in the attached crime list (1) as in the attached crime list (2) and used KRW 19,923,50 among them for personal purposes, such as each daily life expenses.

Accordingly, the Defendants conspired and embezzled 5,965,000 won, which was kept on duty for the victimized company, in personal way.

B. On October 26, 2015, Defendant A’s sole crime committed by Defendant A received KRW 50,000 from “E”, a trader requesting advertisement, to an enterprise bank (I) account in the name of the Defendant, and received a total of KRW 2,600,000 on seven occasions as shown in the attached crime list (3) and kept in custody for the victimized company, such as living expenses, around that time.

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