logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.06.13 2013고정2571
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, from December 2009 to January 5, 2012, intended to divide the victim B and profits into 5:5, and was engaged in the advertisement company called “C”.

1. Around July 19, 2010, the Defendant received advertising expenses of KRW 16 million from Manosung Motor Vehicle Co., Ltd. in Gangnam-gu, Seoul, and embezzled 8 million for a victim’s personal purpose, such as repayment of the Defendant’s obligation, on the part of the victim.

2. The Defendant received advertising expenses of KRW 5,890,00 from an advertiser E at the same place as on June 16, 2011 and kept 5,095,000, which is the victim’s share, for the sake of the victim, at the same place as the preceding paragraph, for the same year.

6. Around 24.24. Around the Defendant’s card payment repayment, the Defendant voluntarily consumed and embezzled for personal purposes.

3. Around September 19, 201, at the same place as the preceding paragraph, the Defendant received 7 million won advertising expenses from advertiser F and embezzled 3.5 million won for a victim’s personal purpose, such as reimbursement of the Defendant’s debt, living expenses, etc. at around that time.

Summary of Evidence

1. Legal statement of the witness B;

1. Details of accounts payable and amounts classified without permission;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow