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(영문) 인천지방법원 부천지원 2014.07.25 2014고합96
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 10,000,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. The sole criminal conduct of Defendant A;

A. A. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is a person in charge of accounting and tax affairs as the vice head of the competition team of the D Co., Ltd., and the victim E Co., Ltd.'s affiliate.

On September 6, 2012, the Defendant transferred 8.5 million won of the victim’s company fund deposited in the said account by using the authorized certificate of the victim’s name foreign exchange bank account (Account Number G) and the OTP card in the name of the victim, and then wrongfully embezzled the said money for the purpose of paying the remainder of apartment sale in advance. On September 10, 2012, the Defendant transferred KRW 130 million of the company fund deposited in the said account to the Defendant’s above account by the same method and transferred KRW 70 million of the company fund in the said account to the Defendant’s above account on the 19th day of the same month. At that time, the Defendant embezzled 8.3 billion won of the company fund in the said account by means of the same method to the Defendant’s account and embezzled it for a voluntary consumption and then embezzled it for the purpose of stock use.

Accordingly, the Defendant embezzled KRW 830,500,000,000 for the company funds of the victim E-stock company, which had been in business custody over three times.

B. The Defendant violating the Act on the Regulation and Punishment of Criminal Proceeds Concealment

At the time, at the time, and at the place specified in paragraph (1), when transferring the company funds of the victim E company to one’s own bank account in the above three times, in the future, the bank account statement submitted at the time of the financial audit on the victim is likely to cause the commission of the crime if its name is stated in the corporate account statement submitted at the time of the financial audit on the victim, and the bank account construction company, which is the customer, has entered the “each heading” in the column for the Internet banking, as

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