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(영문) 서울중앙지방법원 2013.07.19 2012고합676
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[2] Defendant A: (a) from April 20, 201 to October 9, 2009, the representative director of H (hereinafter “H”); (b) from around 1994 to November 2009, the accounting director of I (hereinafter “I”); (c) the representative director of J (hereinafter “J”); (d) from around September 2005 to December 1, 2009 to around December 1, 2009, the accounting director of K (hereinafter “K”); (c) from around September 2005 to around December 1, 2009 to around December 1, 2009, from around September 2005 to around 1, 2009 to around 1, 2009, Defendant A owned the above accounting officer’s general accounts of L Co., Ltd. (hereinafter “L”) in lieu of the chairperson and the above financial director’s general accounts (hereinafter “Y”) from around 19,2005 to around December 1, 2009.

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the occupational embezzlement Defendant A, as seen above, intended to arbitrarily use the company fund by operating the company including I in substance and raising the company fund N from the corporate account and voluntarily remitting it to the personal account under the name of the Defendant A.

On September 11, 2007, Defendant A, at the victim I's office located in the sixth floor of the Seocho-gu Seoul Metropolitan Government Obuilding, deposited KRW 100 million out of the amount of KRW 171,804,231 by means of alternative payment at the victim I's bank account (P) and voluntarily used the amount of KRW 100 million to the Japanese bank account that the Defendant uses for the personal purpose.

Defendant

A, in addition to this, from September 11, 2007 to June 4, 2009, embezzled the sum of the victim I’s I’s own money in the occupational custody as shown in the attached crime list (1) as shown in attached Table 207,949,980 won.

B. Defendant A, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the victim J, at the I office around September 1, 2007.

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