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(영문) 대구지방법원 상주지원 2012.12.18 2012고정20
업무상횡령
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From August 24, 2010, the defendant worked as the representative director of the victim D Co., Ltd., which is located in C when residing in the district from August 24, 2010, and has overall control over all of the affairs

1. The Defendant received and used the victim’s corporate card in the name of the victim and used it for the business of the victimized company, even though the Defendant had a duty to use it for the business of the victimized company, in violation of the above duty by using the victim’s corporate card in the name of the victim, which was in possession of an individual group at the F K Kinging-si E around 23:02 on October 29, 2010, and paid 76,000 won for singing practice room expenses from around that time to January 11, 201, and acquired a corporate benefit of 334,400 won in total by using the corporate card against his/her occupational duty over four occasions, such as the list of crimes in attached Form, and caused damage equivalent to the same amount to the victimized company.

2. On January 26, 201, while the Defendant received money for construction cost from the victim’s account and kept it for business purposes, the Defendant arbitrarily transferred KRW 2,00,000 from the said account to the G name account under the name of the Defendant’s son’s registration fee, and on January 28, 2011, paid KRW 443,850 on the Defendant’s vehicle under the Defendant’s wife’s name from the said account, and embezzled KRW 2,443,850 in total for personal use.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each prosecutor's protocol of examination of the accused and H by the prosecution;

1. A written agreement on the same business;

1. Articles of incorporation;

1. Details of transactions with each corporation's account, and details of entry and departure transactions;

1. Credit card transaction details [ contrary to the amount received by the Defendant from his partner in cash or with the Defendant’s personal account in terms of business expenses or business promotion expenses (in accordance with investigation records 9, 102 pages, etc.), the act of recording criminal facts is limited to business purposes, and thus, it constitutes a violation of duties or embezzlement of duties.]

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