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(영문) 창원지방법원 2016.06.09 2015고합125
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2008 to April 18, 2013, worked as the representative director of the E-stock company in Sungwon-si, Sungwon-si, Sungwon-si, Da 909, managed the property of the victim, and took charge of overall control over the management of the company.

Defendant: (a) concluded a false service contract, etc. with the method of arbitrarily withdrawing the funds of the victim while working as the representative director; (b) concluded a false service contract, etc.; and (c) registered a person who pretends to pay the said funds or who does not actually work in the victim company as an employee; and (c) intended to embezzled the funds of the victim by using the method of pretending the payment of the company’s benefits.

1. From August 23, 2012 to April 16, 2013, the Defendant: (a) deposited KRW 881,698,890, which was the victim’s possession in custody in the bank passbook in the name of the victim from around August 23, 2012 to around April 16, 2013; (b) deposited KRW 881,698,890, which was the victim’s possession over 48 occasions, as indicated in the list of crimes 1, or transferred the money to the bank account of the name of the Defendant, and

2. On April 23, 2009, the Defendant paid KRW 10,230,000 to F Co., Ltd. for the purpose of leakage inspection even though it did not engage in service transaction by concluding a leakage inspection contract with F Co., Ltd., and used the said amount for personal purposes, again, while returning it to F Co., Ltd. as a passbook in the name of the Defendant’s foreign exchange bank.

In addition, from around that time to April 16, 2013, the Defendant embezzled 57,841,385 won, which is the victim’s possession, for personal purposes, 16 times, such as the list of crimes in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Each police statement made with respect to G and H;

1. Inquiries about details of each transaction;

1. List of employees, certificate of work fact, etc., ledger of benefits, etc., and details of gold to be included in the calculation;

1. Application of Acts and subordinate statutes concerning service contracts on behalf of the Corporation and details of passbook transactions;

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