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(영문) 서울남부지방법원 2014.12.04 2012고단4120
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 2006, the Defendant began to serve as the director in charge of accounting of the victim-based company E (hereinafter “victim”) located in Songpa-gu Seoul Metropolitan Government (hereinafter “victim”) from around December 2006. A person who continues to serve as the director in charge of accounting during the period from January 2009 to November 201, 201 when the F acquired the damaged company and actually managed the damaged company, and was in charge of all the affairs of fund management, such as purchase and sale of all the damaged company.

Around January 2009, the Defendant, under F and F, has managed and executed the public funds of the victimized company under the name of F, and the personal account in the name of the Defendant is also used along with the corporate bank account in the name of the Defendant. At the same time, the Defendant has deposited, managed and executed the public funds in one account in the name of the Defendant, three new bank accounts (H, I, and J).

1. Between January 3, 2009 and October 30, 2011, the Defendant embezzled the Defendant’s occupational embezzlement of the account in the account of the Korean Bank: (a) deposited the funds of the victimized company into the account of the Korean Bank in several times in the name of the Defendant; and (b) simultaneously deposited KRW 617,917,151 in the sum of the monthly pay of the Defendant and the living expenses paid by the Defendant’s husband to the said account in the name of the Defendant; (c) deposited the funds of the victim company for the sake of the victim company in the course of business, while using the funds of the victim company for all kinds of living expenses, such as educational expenses, fraternity, money, cell phone charges, etc. for the said period; and (d) embezzled the funds of KRW 34,953,360 in voluntary consumption of the funds exceeding

2. From February 10, 2009 to October 24, 201, the Defendant, as a new bank account occupational embezzlement, deposited the damaged company’s public funds into the new bank account (H) account in the name of the Defendant at the victim company’s office, and at the same time deposited the Defendant’s monthly salary together with the Defendant’s personal funds of KRW 20,428,239, while keeping the Defendant’s public funds for the victim company in the course of business.

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