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(영문) 서울중앙지방법원 2019.02.13 2017고단6839
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 12, 2012 to May 24, 2016, the Defendant worked as the director of the accounting division of the victim B Co., Ltd. (hereinafter “victim”) who carries on automobile rental business, etc., and took overall charge of the management and execution of the funds of the victim company.

On October 2014, the Defendant received instructions from the victim company E, the representative director of the victim company, to deposit the vehicle in the bank account used by the victim company in Korea, exchange the vehicle into Korea, and deposit the vehicle into the bank account used by the victim company, when the victim company borrowed the vehicle from the victim company E, the representative director of the victim company, and received approximately KRW 30,00,000 from the F Embassy.

The defendant used approximately KRW 41,190,600, which was exchanged into Korean currency around that time, for personal purposes while being kept for the victim company.

In addition, around October 15, 2014, the Defendant deposited the funds of the victim company into the G bank account (H) and the I bank account (J) account in the name of the Defendant in the above victim company office and transferred them to the G bank account in the name of the Defendant in the above G bank account by using the Internet banking, and used them for personal purposes such as the settlement of credit card payment by the Defendant.

As above, the Defendant, from October 2014 to December 15, 2015, embezzled total of KRW 46,007,770 on six occasions as indicated in the separate crime list between around October 2014 and around December 15, 201, by arbitrarily consuming the Defendant’s personal use during his/her business custody for the victim company.

Summary of Evidence

1. Each legal statement of witness L, M, N, and E;

1. Certificates of deposit transaction records (A), liquidity transaction records (A), and specification of transactions;

1. Details of the payment of local taxes;

1. Investigation report (to examine whether data submitted by a suspect and a suspect are suspected);

1. Full certificate (B) and certificate of employment (A) of the registered matters;

1. The motor vehicle lease contract, the accused on the business day, and the defense counsel shall commit the crime of this case;

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