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(영문) 부산지방법원 2013.12.05 2013고단1596
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

Defendant

A from November 2007 to August 30, 2012, the head of the business division of GF corporation located in Seo-gu in Busan, and was in charge of the sales of fishery products and the payment of the transaction price of the company.

The Defendant continued private transactions by linking the trading of fishery products from the purchaser and the seller in the future by using the business and the trading network of the company at ordinary times, and entering the trading price into the personal account of each suspect.The Defendant continued private transactions by acquiring personal income equivalent to the trading profits.

On July 31, 2012, the Defendant, at the above company office, intended to pay the Defendant’s credit purchase amount of KRW 2,000,000 from the company’s transaction network with H using the company’s transaction network regardless of the company’s business affairs, and reported falsely to I, the company’s business partner, as if he were to settle the credit purchase amount of KRW 2,00,000,000, from the company’s corporate account to H account, and used it for the purpose of paying the Defendant’s credit payment.

In addition, from January 27, 201 to July 31, 2012, the Defendant falsely reported the total of KRW 86,728,000,00 from around 26 times to July 31, 201, as indicated in the list of crimes in the attached Table, and embezzled it from the corporate account to the Defendant’s customer.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, L, and part of M respectively legal statement;

1. The details of each withdrawal, the details of handling deposits from customers in the corporate account, the details of remittance to the corporate account, the details of embezzlement by embezzlement list, and the application of Acts and subordinate statutes on evidentiary materials;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Determination and grounds for sentencing as to the assertion of Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation (the scope of Defendant’s liability for compensation is unclear)

1. The Defendant’s judgment on the assertion is an acquisition intent and gain acquired.

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