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(영문) 수원지방법원 여주지원 2019.01.23 2018고단1101
업무상횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From August 25, 2009, the Defendant is a person who served as the head of the administrative office at C Elementary School, a victim in E-si B, E-si, Leecheon-si, and has been engaged in affairs such as finance, accounting, and money management of the above schools.

While the Defendant managed and kept school expenses deposited in D account (E) in the name of the above school, around 18:45 on August 25, 201, the Defendant embezzled KRW 160,087,250,000, which was kept in the said account by accessing the Internet banking in a computer installed at the above school administration office, and transferred KRW 4,328,180 to the F bank account in the name of the Defendant at that time, and then voluntarily consumed as living expenses, etc. at that time, as shown in the attached list of crimes, from that time until August 11, 2012, the Defendant embezzled KRW 160,087,250, which was kept in custody for the victim six times in total as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. A copy of passbook in the name of C elementary school;

1. Inquiry into the results of transfer;

1. Investigation report (investigation and investigation of tracking and analyzing financial accounts), provision of financial transaction information, statement of transactions and inquiry into financial statements, and certificate of deposit transaction records (two bank accounts in the name of a suspect);

1. Investigation report (K account tracking analysis), application form for opening of an account, bank for each account, details of physical transactions (K account in the name of a suspect), and details of transactions (K account in the name of a suspect);

1. Investigative report, each statement of information on financial transactions, each statement of information on financial transactions to be provided (F bank), customer's personal information, personal information inquiry (F bank), ITR transactions in the virtual account, inquiry about basic details, copy of withdrawn money table, and copy of cashier's checks;

1. Investigation report (additional acceptance of an accusation), accusation book, apartment lease contract, real estate lease contract, studio lease contract, studio lease contract, results of transfer management, receipts;

1. Application of Acts and subordinate statutes to investigation reports (the usage of the amount of damage and confirmation as to whether financial insurance are paid);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing selective to imprisonment with labor;

1. The scope of applicable sentences: Imprisonment;

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