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(영문) 서울남부지방법원 2013.05.01 2013고단649
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person in charge of accounting affairs in the country of D branch operated by the victim C in Yangcheon-gu Seoul Metropolitan Government.

The defendant, with the delegation of the victim in the above branch, has taken exclusive charge of the collection of subscription fees and the collection of subscription money, and has been in custody of public funds for the victim, in violation of his duties, voluntarily transferred the money from the public fund account in the name of the victim to the defendant's account in violation of his duties, or embezzled public funds by using the newspaper money as the defendant's account.

1. On October 4, 2007, the Defendant embezzled 516,000 won of public funds kept in the first bank account (E) in the victim’s name in the above branch country as if he were paid office rents, and actually, embezzled by transferring it to the account of the national bank (F) in the name of the Defendant.

In addition, from around that time to December 14, 2012, the Defendant embezzled the total amount of KRW 116,214,629 of the public funds kept in the victim’s account from 783 times in total, as shown in the attached Table of Crimes (1) from around that time, as if he/she disbursed it as various business expenses, and was actually embezzled by arbitrarily transferring it to the Defendant’s account under the name of the Defendant.

2. Around October 8, 2007, the Defendant received 36,000 won of the newspaper price from a person who was named in the above country from a person who was named in the above branch to the Defendant’s name bank account (G) instead of the newspaper price exclusive account designated by the victim, and embezzled it at his own discretion by using it.

In addition, from around that time to August 27, 2012, the Defendant: (a) received a total of KRW 11,093,500 from 258 via the Defendant’s account in the name of the Defendant and embezzled the total of KRW 11,093,50 by arbitrarily using the same.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C’s statement);

1. Application of Acts and subordinate statutes to report investigation (reports to repreparation a list of crimes);

1. Relevant provisions concerning facts constituting an offense;

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