(영문) 광주지방법원 2014.05.02 2014고단571

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2014.05.02 2014고단571

업무상횡령

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

The Defendant, from March 14, 2009 to March 31, 2013, was in charge of fund disbursement and accounting as a person in charge of accounting of the victim D Co., Ltd. in the prime city from March 14, 2013.

In order to repay credit and loans, etc., the Defendant: (a) had an intention to embezzled the funds of the victim; (b) had an Internet banking certificate for bank transaction in the name of the victim; and (c) had an Internet banking certificate for the bank transaction in the name of the victim and an OTP (so-called “so-called “so-called “so-called-called-called-called-called-called-called-called-called-called-called-called-called-called-called-called-called-off card”); (d) had the victim’s funds deposited in the bank account in the name of the victim for business purposes by holding the Internet banking certificate for the bank transaction in the name of the victim; (b) on June 1, 2010, transferred KRW 52,500 from the Internet banking account in the name of the victim from the Internet banking account (E) to the Defendant’s husband’s bank account (F) around that time; and (c) has embezzled it by arbitrarily consuming it for personal purposes, such as paying credit card payments, etc. to January 10, 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes entered in the police statement of G;

1. The amount of damages sustained by the victim due to the instant crime for the reason of sentencing under Articles 356 and 355(1) of the Criminal Act, comprehensively including the pertinent legal provisions on the crime and the choice of punishment, is a large amount of money exceeding 140,000 won.

Nevertheless, the Defendant did not make more efforts to recover damage while paying the amount exceeding KRW 10 million in full.

In light of the aforementioned circumstances and all the circumstances revealed in the argument and records of this case, the sentence of sentence is inevitable for the defendant.

However, there are two children who should support the defendant, and the defendant.

참조조문

-형법 제355조 제1항

-형법 제356조

유사 판례

-대전지방법원 2020.01.31 2019고단1021

-부산지방법원 2015.01.30 2014고합597

-광주지방법원 순천지원 2014.02.12 2013고단2669

-청주지방법원 2014.05.02 2013고합51

-제주지방법원 2019.02.14 2018고단1224