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(영문) 광주지방법원 2014.10.08 2014고합125
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From September 2007 to December 27, 2013, the Defendant: (a) sold wheat and wheat produced by the victim at D points of the victim Korean Co., Ltd. to customers; (b) sold them; (c) sold them to E on January 9, 2010; and (d) transferred KRW 3,400,000 to one bank account in the name of the defendant for the victim; and (c) embezzled them by consuming them for personal use, such as amusement expenses, from Gwangju Won to December 27, 2013; and (d) sold them to E on January 9, 2010; and (d) embezzled them for the victim, the Defendant voluntarily deposited KRW 1,097,06,915 in total on 235 occasions, as indicated in the attached crime list, and wired them to KRW 3481,781,7481,781,747,7815; and (e) transferred them to the victim’s account in the name of Han Bank;

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. Statement made to the accused prepared by the prosecutor, which is appropriate for the interrogation of the accused's suspect (two questions and answers);

1. The statement made in relation to G prepared by a senior judicial police officer, which conforms to the statement;

1. Each entry fit for the investigation report prepared by the chief public prosecutor's office of Gwangju District Public Prosecutor's Office (to hear the interview of persons in charge of Korean portion), investigation report (the confirmation of the amount deposited into the victim's Korean portion account);

1. The details of the embezzlement made by the defendant and the details of remittance of the company (However, each account of our bank), and each statement fit for the remittance to the company of the borrowed money;

1. Each entry in the statement of transactions in the account in the name of the Defendant, in Korea’s bank account account transactions, in the passbook transactions (Korean Standards Bank), and in the statement of transactions in the account in F’s corporate bank accounts.

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