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(영문) 수원지방법원 안산지원 2018.07.04 2016고단4716
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, “2016 Highest 4716,” is a person who, from August 20, 2013 to February 20, 2016, runs a business together with E with D Co., Ltd., a victim corporation in Ansan-si, Ansan-si, Seoul, and has been in charge of the management of company funds, business activities, etc.

On November 20, 2013, the Defendant: (a) arbitrarily transferred KRW 700,000 from the IBK Enterprise Bank Account (F)’s account under the name of the Defendant to the IBK Bank Account; and (b) voluntarily embezzled using KRW 41,200 on November 20, 2013, and 350,000 on November 21, 2013; and (c) from that time to December 30, 2015, the Defendant used the IBK account under the name of the victim to the IBK Bank Account in the name of the Defendant; and (d) freely embezzled using the Defendant’s personal purpose and embezzled funds to the IBK Bank Account in the name of the Defendant to the IBK Bank Account; and (e) using the Defendant’s personal purpose and embezzled funds to the IBK Bank Account in the name of the victim to the IBK Bank Account; and (e) using the Defendant’s personal purpose, 5386,750,51, etc.

The Defendant, on April 2014, 2014, established I Co., Ltd., a victim company with the purpose of the construction waste transportation business, etc. at M in the light life, along with the Defendant of 2018 High Order 6, and the Defendant, as the representative of the above company, took overall charge of the fund management affairs.

around August 25, 2015, the Defendant kept funds deposited in three accounts in the name of the victim company in the course of business at the victim company’s office (J, Han Bank K, and new bank L). The Defendant arbitrarily transferred 1,00,000 won to the company’s account (M) that is the personal account in the name of the Defendant, and embezzled 50,000 won out of that amount by using living expenses, etc. as part of attached Table 2, as shown in attached Table 2. From April 17, 2014 to January 29, 2016, the Defendant used the same method and used the victim’s funds worth KRW 638,36,400 in total from April 17, 2014 to January 29, 2016 to two personal accounts (N) in the name of the Defendant.

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