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(영문) 춘천지방법원 2017.11.21 2017고단906
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant, from November 2, 2015 to September 8, 2016, is a person who works as the head of the management support team in Seocho-si Dispute Resolution (the representative E; hereinafter referred to as the “victim Company”) and worked as the victim company management support team leader, who has been in charge of the victim company’s accounting, personnel affairs, general affairs, and management affairs.

1. On December 29, 2015, the Defendant shall take out KRW 100,000 out of the funds of the victim company at the office of the victim company management support team, and at the credit cooperative of the victim company's cash custody in which the Defendant managed and kept;

In addition to voluntary consumption for personal purposes, such as the following living expenses, a total of 48 times from that time to August 23, 2016, a total of 29.5 million won of the funds of the victim company shall be collected from the said Cash Depository for 48 times in total, as shown in attached Table 1 for the crime committed in attached Table 1.

Voluntary consumption was made for personal purposes, such as the following living expenses and repayment of debts.

As a result, the Defendant embezzled the total amount of 29.5 million won owned by the victim while on duty.

2. On February 22, 2016, the Defendant, who was transferred to a personal account, requested the Plaintiff to transfer KRW 20 million from the account under the name of the Defendant and the Defendant’s subordinate employees, under the name of the Nonghyup (Representative E) management support team leader H, who kept and managed the corporate bank account (Account Number:F) in the name of the victim company in which the victim company’s funds were deposited. The said H transferred KRW 20 million from the said corporate bank account to the account under the name of the victim company (Account Number J).

Defendant: (a) under the foregoing circumstances, while having been in custody of KRW 20 million for the victim’s company’s funds in the course of performing his duties, directed the subordinate staff I on the same day to transfer KRW 10 million out of the above KRW 20 million to the Defendant’s Bank account (Account Number: L) in the name of the Defendant’s wife; and (b) the cost of living;

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