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(영문) 인천지방법원 2014.08.28 2014고합365
업무상횡령등
Text

Defendant

A Imprisonment of two years, Defendant B’s imprisonment of one and half years, Defendant C’s imprisonment of one year, Defendant D, Defendant E, and Defendant.

Reasons

Punishment of the crime

1. Defendant A, B’s property in breach of trust, and Defendant A’s occupational embezzlement are established and operated by JA, around May 13, 1997, for the purpose of maintaining life-saving equipment, such as life-saving raft. Defendant B is serving as a partner of the aforementioned company as a director of the said company and managing customers.

On February 5, 2008, the Defendants issued 2,000,000 RMB to ship public officials, as indicated in the attached Table of Crimes (1), with a view to having them keep part of the amount received as the ship repair cost separately from the company’s income, and to pay them for rebates to the traders. On February 5, 2008, the Defendants issued 2,00,000,000 won among the funds separately kept by the method of omitting the income as above to C, a ship public official supervisor belonging to the Incheon branch office, “in the future, to allow them to conduct a ship inspection”, and issued them to the ship public officials, 55 times in total.

As a result, the Defendants conspired to make a request for a ship inspection to J Co., Ltd., and provided funds to shipping company employees in charge of official duties, etc., and embezzled the same amount of money in custody for J Co., Ltd.

2. Around January 22, 2008, Defendant A embezzled the total amount of KRW 253,794,410 on 95 occasions, as indicated in the attached Table of Crimes (2) as follows: (a) the Defendant created the company’s secret funds separately by omitting revenues, such as inspection fees, etc., from the office of the said JJ Co., Ltd.; and (b) arbitrarily brought about KRW 1,250,000 out of the amount of money that he had been engaged in business for the company; and (c) arbitrarily used the personal expenses of the suspect’s parents for the purpose of the company

3. Defendant B’s occupational embezzlement on February 5, 2008: (a) around the same day, the Defendant created the company’s secret funds by omitting revenues such as inspection fees from the said JJ office; and (b) was in custody for the company after the creation of the company’s secret funds.

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