logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2021.01.13 2020고단388
업무상횡령
Text

A defendant shall be punished by imprisonment for six 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

On December 1, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution for fraud, etc. in the Incheon District Court Branch Branch of the same month.

9. The judgment became final and conclusive.

On September 26, 2017, the Defendant acquired the victim C Co., Ltd., which is a miscellaneous distributor in the Mangyang-gu B and the second floor in Ansan-gu, Ansan-si, and takes charge of overall management, such as fund management.

On September 29, 2017, the Defendant: (a) transferred KRW 19,840,000 from an enterprise bank account in the name of the victim to a D account in the name of the Defendant and was in the course of business for the victim; (b) around that time, the Defendant used KRW 2,242,200 out of the above money for personal purposes, such as living expenses; and (c) used KRW 25,709,200 in total five times from that time to October 11, 2017 by the same method as indicated in the list of crimes, such as the list of crimes.

Accordingly, the defendant embezzleds the property of the victim who has been in custody of business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police with regard to F;

1. A detailed statement of transactions in D;

1. The Defendant asserts that the judgment on the Defendant’s assertion of the investigation report (the confirmation of the criminal records of the same kind A) was not embezzled since the Defendant was used for the stock company C from October 10 to October 19, 2017, the amount of KRW 9,846,855, out of the amount of KRW 15,00,000, which was set forth in the list of crimes Nos. 3 to 15,000,000.

However, immediately after accepting C, the Defendant registered as a personal business operator G from October 11, 2017 to run the business, and the Defendant used the business for C.

Considering the fact that most of the aforementioned payments claimed by the Defendant were paid at a place different from the location of C, and the usage of purchased goods, etc. appears to have no connection with C, which is engaged in miscellaneous distribution business, etc., the said money claimed by the Defendant was used for C.

does not appear.

Defendant’s assertion.

arrow