logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.10.01 2014고단3166
업무상횡령
Text

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

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

Reasons

Punishment of the crime

From October 2010 to June 15, 2013, the Defendant has been engaged in the business of disbursing the expenses of the said corporation or remitting the purchase price to the customer by the victim C corporation located in Seoul Guro-gu Seoul Metropolitan Government B building 1-201.

1. On September 4, 2012, the Defendant: (a) held the victim’s Internet banking ID and password; (b) held the victim’s Internet banking ID and password; and (c) held the bank account in the victim’s name for the said corporation as a business; (d) arbitrarily transferred KRW 451,730 from the foreign exchange bank D account in the name of the said corporation to the mutual savings and finance company E account in the name of the Defendant from the Internet banking; and (e) used the Defendant’s total amount of KRW 86,592,547 by the same method over 47 times during the period from around that time to June 4, 2013, as shown in attached Table 1, as shown in attached Table 1, to the Defendant’s foreign exchange bank, national bank, new bank, and the national bank account in the name of F.

2. On April 11, 2013, the Defendant voluntarily withdrawn KRW 22,30,000 in total seven times from around that time to May 24, 2013, including withdrawal of KRW 3,00,000 from the corporate bank G account in the name of the victim, while the Defendant kept a deposit in the corporate bank account in the name of the victim with the victim’s seal impression certificate for the said corporation on behalf of the said corporation at a corporate bank Dong-dong, Guro-gu, Seoul, Guro-gu, Seoul Metropolitan Government, and used it to pay for living expenses and debt.

Accordingly, the defendant embezzled the victim's property on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the police statement of H;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

arrow