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(영문) 대전지방법원 2017.09.08 2016고단4552
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

B was appointed as the president of the Victim D Co., Ltd., Ltd., Ltd., located in Seo-gu Daejeon on June 11, 2004 and took charge of all the affairs of the victim. The defendant was appointed as the director and the head of the planning and coordination office from September 23, 2008 to his father of the victim from September 23, 2008, and was assigned as the representative director on March 31, 201, and was engaged in the overall operation of the victim and the management of funds.

1. On January 28, 201, the Defendant, in collusion with B, embezzled an amount equivalent to KRW 85,00,000,00 in total, from around that time to February 3, 2014, by, in collusion with B, remitted the victim’s funds to the account of an enterprise bank in the name of the Defendant at his/her own expense, to the account of a bank in the name of the victim E (F) at the office of the said victim’s juristic person, and arbitrarily consuming them for personal purposes, such as living expenses, etc.

2. On July 12, 2012, the Defendant, in collusion with B, embezzled the sum of KRW 82,50,000,000, from around that time to July 19, 2013, as shown in the list of crimes in the attached Table (2), as in the following from around July 12, 2012, the Defendant embezzled KRW 33,00,000, in the name of attorney fees for criminal cases H of the former representative director of the victim in the name of the E bank (F) at the office of the said victim’s corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the protocol concerning the examination of suspect in the prosecution against the defendant or G;

1. Statement in each part of the protocol of statement by the prosecution against J;

1. - The financial statements of 2003 - the 2015, the 2004 - the president of 2015 and each entry in a subdivision;

1. Statement of investigation report (related to the current status of D Company);

1. Entry of a partial certificate of registered matters;

1. Statement in the account of the IBK Enterprise Bank;

1. Entry of a copy of the details of benefits and provisional payment into a G account;

1. A copy of the details of transfer of law firm expenses;

1. A report of investigation (to hear statements from a witness J telephone related to delegation fees of year 2012);

1. The investigation report (suspect B, A’s history of service);

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