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(영문) 서울중앙지방법원 2016.10.06 2016고단3966
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From January 2014 to December 2015, the Defendant served as D corporate head of Vietnam, a corporation located in Vietnam-si, Vietnam-si, from January 2015.

1. On February 21, 2014, the Defendant: (a) paid KRW 20,000,000,000, out of KRW 40,000,000, a vehicle sales commission to be paid to “E” (E), which is a Vietnam transportation company; and (b) embezzled the remainder of KRW 20,000,00,00 for personal purposes, from that time to October 21, 2015, by using a total of 7,46,40,40,000, including bus sales commission, sales promotion expenses, and withdrawal equipment, etc., 18 times in total, under the name of 18,264,00,00 (limited to KRW 163,20,000,00) for the purpose of personal use, such as entertainment expenses, as described in the attached list of crimes.

2. The Defendant, despite the fact that a corporate credit card under the name of the Defendant had an occupational duty not to be used for the Defendant’s personal purpose, paid 56,217,548 Dong (limited to KRW 2,750,00 in Korean Won) at the main office in the F hotel in the name of D corporation (Vietcom Bank) around December 5, 2015, and acquired a total of 101,417,548 Dong (limited to KRW 5,000 in Korean Won) at the alcohol value from G stores on December 6, 2015 with a new credit card under the name of the said corporation, and acquired a significant amount of damage to the victim’s property, such as paying a sum of 45,20,000 dong (limited to KRW 2,250,000) from G points to G stores on December 6, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes governing accidents involving VN corporations, detailed details of embezzlements, each bus sales contract, approval document related to claims for sales commission, approval document related to sales commission, sales commission claim and expenditure-related documents, application of Acts and subordinate statutes governing accounts that have not been settled after the use of the corporate card;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) and (2) of the Criminal Act, the choice of imprisonment for a crime

1. Article 37 of the Criminal Code among concurrent crimes.

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