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(영문) 수원지방법원 안산지원 2013.05.22 2013고단13
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From October 6, 2003 to September 20, 2012, the Defendant works as the director of the accounting division, the vice director of the accounting division, the vice director of the accounting division, etc. in F Co., Ltd., Ltd., Ltd., the victim of the E located in the Si interest city from Oct. 6, 2003 to Sep. 20, 201.

Around January 20, 2005, the Defendant transferred the Defendant’s salary of KRW 1,582,931 to G, the husband of the Defendant, who was using monthly wage from the account of the victimized company in the course of business for the victimized company as a monthly wage account, and then arbitrarily consumed KRW 663,182,00,000 from the above date to July 20, 2012, the Defendant voluntarily consumed KRW 314,803,862 in total over 182 as living expenses, etc., as described in the attached Table (1) of the Crimes List between the above date and time from July 20, 2012.

In addition, around June 25, 2010, the Defendant received KRW 4,500,00 from employees H to arbitrarily consumed and embezzled KRW 540,00 in the course of carrying out duties for the victimized company. From the above date to April 9, 2012, the Defendant voluntarily consumed KRW 48,770,373 in total on 15 occasions by means of the same method as indicated in the annexed crime list (2) as shown in the above list of crimes, etc. between the above date and time from the above date to April 9, 2012.

Ultimately, the Defendant, from January 20, 2005 to July 20, 2012, took charge of accounting duties of the victimized company, and embezzled the amount equivalent to KRW 363,574,235 for the victimized company, which was kept in custody for the victimized company, on a total of 197 occasions, by voluntarily consuming it as living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. An investigation report (in cases of attaching a detailed statement of wages), an investigation report (in cases of attaching financial transactions), and an investigation report (in cases of attaching a list of crimes, reporting on the results of an investigation);

1. The relevant account, the details of the transfer of one bank benefits, the details of the transfer of national bank benefits;

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