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(영문) 인천지방법원 2017.01.20 2016고단7716
업무상횡령
Text

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

Reasons

Punishment of the crime

On February 2, 2010, the Defendant joined the Victim Distribution Co., Ltd., and was in charge of C affairs, and the director of C from around December 2014 was in charge of raising and withdrawing funds.

On April 12, 2016, the Defendant deposited the funds of the victim company into the bank account (D) in the territory of the Republic of Korea, Nam-gu, Incheon, and embezzled the cash of KRW 2,000,50 through the automatic cash payment machine during the course of performing his/her duties, using the cash payment for his/her personal obligation.

In addition to embezzlement of KRW 2,00,50 as above, from May 10, 2014 to August 5, 2016, Defendant embezzled KRW 53,031,70,000, excluding KRW 1,270,000 (monthly expenditure x 27 months x 27 months) necessary expenses for the company while he/she has been in the custody of the victim company for business purposes by withdrawing KRW 83,271,00 through 252 times as shown in the attached crime list 1 in the manner that the Defendant directly withdraws cash or let E, a C employee, withdraw cash. In addition, the Defendant embezzled KRW 53,00,000, excluding KRW 1,240,000 (monthly expenditure x 27 months) for personal use.

3. On June 2, 2014, the Defendant embezzled the account transfer of KRW 238,00 in the course of business deposit of the victim’s company’s funds into the victim’s bank account (D) office located in Jung-gu Incheon, Jung-gu, Incheon, and embezzled it for personal purposes after remitting KRW 238,00 in the course of business deposit to the Defendant’s Korean Cit Bank account.

From that time to July 5, 2016, the Defendant embezzled KRW 21,085,316 for personal purposes, such as remitting money to the account in the name of the Defendant, etc. for personal use, purchasing goods, etc., and remitting money to another account in the name of the Defendant, etc., from that time, from that time, from that time to July 5, 2016, by arbitrarily consuming KRW 21,085,316.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on embezzlement data, details of passbook transactions, lists of accounts, details of cash withdrawal, and the details of each account transaction;

1. Criminal facts;

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