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(영문) 수원지방법원 2016.07.22 2015고합708
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Defendant

A is the representative director of G Co., Ltd. (hereinafter referred to as “G”) who is a manufacturing and construction business chain, such as sewage and wastewater treatment facilities, and is a person in charge of overall management of the fund operation, etc. of the said company.

around May 4, 2012, the Defendant transferred KRW 5,98,447, which was while keeping in business in the account of the victim G at the Seocho-gu Seoul Metropolitan Government H G office to the account of the victim, and then released the passbook and seal of the said account that the Defendant kept in his/her ordinary custody and used them for his/her personal purpose, and used KRW 146,026,202 by the same method over 26 times from the time until December 1, 2014, as shown in the list of crimes (1) in attached Table 26, such as in the list of crimes (1). around April 12, 2010, the Defendant transferred KRW 1,00,000, which was while keeping in his/her business to the Defendant’s personal account, from around September 27, 2014 to the Defendant’s personal account, and used KRW 1,000,000 in his/her own account, and then used them for repayment of his/her personal obligation.

Accordingly, the Defendant embezzled the total amount of KRW 1,412,225,079.

Summary of Evidence

1. The defendant A's partial statement

1. A written protocol concerning the examination of the suspect against the defendant A by the prosecution;

1. Each prosecutor's statement concerning J, I,K, and L;

1. In the investigation report (Confirmation ofG employee's wages), investigation report (A, document of cash withdrawal), investigation report (A50 million won confirmation of the source of cash withdrawal), investigation report (report on the result of the execution of the second account tracking warrant), investigation report (G most wages confirmation), investigation report (G representative director's embezzlement amount), investigation report (G representative director's identity confirmation of the source of use), investigation report (K substitute deposit KRW 12 million confirmation of the source of use), investigation report (report on the execution of the third account tracking warrant), investigation report (report on the result of the execution of the fourth account tracking warrant), investigation report (report on the results of the execution of the fourth account tracking warrant), investigation report (verification of the amount of yellow age by employee processing benefit), investigation report (verification of the amount of money embezzled by being used for personal use among technical user fees A);

1. The details of L, M, J, N,O, P, K, I, Q, and R transactions are the Bank of Korea.

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