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(영문) 서울서부지방법원 2020.02.13 2019고단2440
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is the director of the Victim (State) D in Yongsan-gu Seoul Metropolitan Government, which was established by B from January 2, 2017 to October 2018, who was engaged in the affairs of the operation of the said company, including financial management and accounting, on behalf of B residing in Japan.

(A)D is running a business to provide accommodation for foreign students studying in Korea, and therefore the defendant's responsible tasks include the business to receive deposits from foreign students and return them after the type of the lease period, and the business to pay the employee's wages, office deposits, monthly rents, management fees, etc. at the expense of the company.

1. From November 14, 2017 to October 25, 2018, the Defendant embezzled the amount equivalent to KRW 34,350,027, totaling 88 times in total, by means of voluntary consumption of the remitted amount, from the account (F, G, and H) in the name of the victim’s bank (F, G, and H) to his/her own account in the said name. In that context, the Defendant embezzled the amount equivalent to KRW 34,350,027, total sum of 88 times in total, as indicated in the list of crimes, by remitting the remitted amount.

2. On December 2017, the Defendant: (a) had failed to return agreed deposits to foreign students, etc. who were scheduled to retire due to the management difficulties of D; (b) had the intent to forge a detailed statement of information on foreign currency remittance in order to pretend that the deposits were returned.

On January 2018, the Defendant, using the unit process of the Nowon-gu computer, stated the upper end as “foreign currency remittance detailed information (for confirmation of remittance),” “D” in the recipient’s column, “2018-11-6” in the column of the date of application for remittance, and “the Dong branch of the E bank” in the originator’s column, and then the recipient’s column and the recipient bank.

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