logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.05 2018고단7011
업무상횡령
Text

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

Reasons

Punishment of the crime

From May 15, 2015 to August 2017, the Defendant served as accounting at the victim C Co., Ltd. (hereinafter “victim”) located in Mapo-gu Seoul Metropolitan Government (hereinafter “victim”) and has been engaged in the business of managing the funds of the Victim Company.

1. On May 21, 2015, the Defendant arbitrarily consumed KRW 183,601,982 by means of the same method as shown in the annexed Table of Crimes (1), from August 16, 2017, in total 94 times in the same manner as indicated in the annexed Table of Crimes (1), when arbitrarily remitting KRW 330,500 from the above victim’s company’s company’s account via Internet banking by means of Internet banking to the Defendant’s friendship E-gu account, as if he remitted money to a customer, the Defendant voluntarily consumeds the funds of the victim’s company by means of entering the “F” in the Internet banking transfer counterpart column.

2. On January 21, 2016, the Defendant prepared a written contract in which the victim company purchases goods from G, which is a business partner, and obtained approval from H of the victim company’s internal director from KRW 7,500,00 to KRW 9,900,50,000, when the victim company prepares a written contract in which the victim company purchases goods from G, which is a business partner, and obtained approval from H of the victim company’s internal director of the company. The Defendant remitted the amount of KRW 9,900,50 from the above victim company’s account to I’s mother from the above I’s account. After remitting the amount of KRW 7,500,500 to G account from September 22, 2015 to July 25, 2017, the Defendant arbitrarily consumed KRW 27,59,500 by means of the same total amount of KRW 34 times as shown in the attached Table of Crimes (2).

As a result, the Defendant embezzled the total amount of KRW 311,201,795, which was owned by the victim company while on duty.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol of suspect examination of the police officer regarding I;

1. The police statement of H;

1. Details of the account of the complainant and the victim company; and

arrow