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(영문) 울산지방법원 2019.03.28 2018고단3620
업무상횡령
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On April 12, 2018, the Defendant entered the account with the victim corporation D, which operates businesses, such as road packaging and guard services, in Jung-gu, Ulsan Metropolitan City. From around that time to October 4, 2018, the Defendant was in the account with the victim corporation E, such as the above damage company and reinforced concrete construction business company, and the victim maintenance, repair and management business company F, while engaging in the business of fund management, etc., the Defendant was in the custody of the corporation fund for the victim company.

When the Defendant became a member of the victimized company, the Defendant, as well as KRW 8 million, has been liable for the loans of KRW 34 million to the lending company, including G, even though she borrowed 8 million from the son, and the account was seized due to the failure to pay the loan interest at that time, and the monthly rent and public charges were in arrears between several months. In addition, as the Defendant continued to demand repayment of KRW 35 million out of the amount embezzled by H Co., Ltd., the previous employee, until August 31, 2018, the details of the account transfer were manipulated as if the Defendant paid the funds deposited in the account of the victimized company to the customer, and in fact, the said amount was transferred to the account in the name of the Defendant to be used for personal purposes.

1. Around April 18, 2018, the Defendant committed the crime against D and transferred KRW 385,00 to the account of K Depository (Account Number: L) in the name of the Defendant in the name of the victimized company by accessing the Internet banking site of I Bank from the office D office of the Victim Co., Ltd. to a computer, and used voluntarily as clothing purchase and living expenses, etc. from around that time.

9. Until July 17, 98,102,80 won in total shall be transferred or withdrawn in cash from the above K K K K K K K K K K K K K K K K K K K K K K KK account by means of the statement in the annexed K K K K K K K KK list (1) and this shall be purchased, overseas travel expenses, living expenses, etc.

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