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(영문) 서울중앙지방법원 2018.06.29 2018고합292
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From April 2015 to February 28, 2018, the Defendant served as a financial accounting officer in Gangnam-gu Seoul Metropolitan Government Victim D Co., Ltd. (hereinafter “victim Co., Ltd”) in Gangnam-gu and 301 (hereinafter “victim Co., Ltd.”) and had the Victim Co., Ltd used the Victim Co., Ltd’s funds to use them for personal purposes, such as stock investment, while managing them for business by using the Victim Co., Ltd.’s account (Account Number E) in the name of

On September 26, 2016, the Defendant entered “F deposit” as if he remitted the money to the customer of the victim company by using Internet banking, and transferred KRW 5,000,000 from the bank account under the name of the said victim to the bank account (Account Number G) in the name of the said victim, and used it for personal purposes, such as stock investment money, card price, etc.

In addition, from September 26, 2016 to January 29, 2018, the Defendant transferred the sum of KRW 1,157,946,500 of the funds of the victim company to the bank account under the name of the above Defendant, including the statement in the list of crimes, from around 153 times to January 29, 2018, and used shares investment, card payment, living expenses, etc. around that time.

Accordingly, the defendant embezzled the property of the victim company in his occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Inquiries about the details of the accusation and accompanying documents of the defendant's preparation, materials confirming the amount of embezzlement related to the accusation of public funds, and the details of past transactions;

1. In an investigation report (Presentation of Data - Details of Account Transactions) and attached documents, certificates of deposit transaction records, investigation reports (the telephone conversations with a complainant - telephone conversations - account transfer records on November 8, 2016), investigation reports (related to execution results of a search warrant) and certificates of deposit transaction records attached thereto, three specifications for transfer of Internet banking, financial transaction information provision documents, requests for inquiry about personal information of customers, customer information requests, customer information inquiries, details of deposit and withdrawal transactions, deposit and withdrawal details, integrated accounts (Korean banks, national banks, and KIKO securities response data);

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