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(영문) 대전지방법원 서산지원 2015.10.29 2015고단573
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 42,984,089 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of suspension of the execution on May 23, 2014 to two years of imprisonment for the crime of occupational embezzlement in Seosan Branch of the Daejeon District Court on May 23, 2014, and the said judgment became final and conclusive on May 31, 2014 and is currently under suspension of execution

【Criminal Facts】

The Defendant has been engaged in accounting and accounting work, such as fund management, at the victim D corporation operated by E from May 15, 2014 to March 31, 2015.

On June 27, 2014, around 11:19, the Defendant: (a) transferred 374,850 won from the above company bank account to the bank account (I) in the name of the Defendant’s parent in the name of H in the name of the victim bank account and used the money for personal purposes such as living expenses.

In addition, from June 27, 2014 to March 31, 2015, the Defendant consumed KRW 49,744,089 in total by transferring deposits in an enterprise bank account under the name of the victim company using Internet bankinging over 44 occasions from around June 27, 2014 to the bank account under the name of the said H, or by withdrawing cash from the bank account with the cash card connected to the said enterprise bank account and the bank account used for the victim company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A list of transactions by account, receipt ledger, transaction details by account, account transaction details by account (the first, company bank), transfer certificate (the first, bank), transfer certificate, transaction statement of ATM card, copy of the settlement details of ATM card, NongC card, copy of the NongC card, copy of the settlement details of NongC card, copy of the records of receipt and payment of money, copy of the account transfer details of the second transaction details of an enterprise bank, compiled statement of the account entry and payment details, and remittance statement of the corporate account entry records;

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