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(영문) 제주지방법원 2019.05.17 2018고단2164
업무상횡령
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is the representative of the Victim B Co., Ltd. (hereinafter referred to as “victim Company”) who has overall control over all affairs, such as fund management, supervision, etc. of the Victim Company.

After borrowing money in the name of the victim company, the Defendant borrowed money in the name of the victim company, and used money in the form of provisional payment for personal living expenses, etc. of the Defendant, or used money for operating personal office of C, D’s children school expenses, personal living expenses, etc., and then borrowed money in the name of the victim company, and then borrowed money in the name of the victim company, including KRW 170,500,000,000,000 won, from November 1, 2014, 2014, KRW 1940,000,000 won, January 15, 2015, KRW 200,000,000 won, and KRW 3.4 million, and KRW 9.5 million,000,000,000,000 won.

While the Defendant was in the custody of the said borrowed money on behalf of the victim company, he/she transferred the said borrowed money to the F Bank account of C on December 11, 2014, KRW 10 million on January 15, 2015, KRW 30 million on January 28, 2015, KRW 20 million on April 16, 2015, KRW 20 million on the H account of D, KRW 30 million on January 28, 2015, KRW 125 million on the Defendant’s I account under the pretext of provisional payment, and embezzled it on his/her own consumption by means of personal living expenses, etc.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Each protocol of suspect examination of the accused prepared by the public prosecutor is written;

1. The entry of part of the first written statement of the prosecutor into D in the prosecutor’s preparation; and

1. The second written statement made to D in the public prosecutor’s preparation (the defendant and the cross-examination) of each part of the statement;

1. Statement of statement E prepared by the police officer;

1. Each investigation report prepared by the prosecution (C's telephone recording and hearing of statements / hearing of statements / C) shall contain some descriptions;

1. Some of the descriptions of recording and reporting (including attached documents) by telephone recording investigation by the Stenographic Company in its preparation;

1. A copy of the passbook, a full certificate of registered matters, a statement of disbursement of each K bank account and the current status of provisional payment, and each statement of disbursement of each L bank account and current status of provisional payment shall be stated respectively;

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