logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.01.28 2014고단3935
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. From July 13, 2009 to January 22, 2014, the Defendant, as a member of the victim C Co., Ltd., the victim of the victim in the Seo-gu Northern-gu, Western-gu, Seoan City, has engaged in the fund management and accounting of the said company.

On May 3, 2013, while the Defendant kept company funds for the victim at the above C Office, withdrawn KRW 340,000 from the victim’s national bank account and consumed at will around that time.

From around that time to January 2014, the Defendant arbitrarily consumed the total amount of KRW 18,422,615, which was kept on duty for the victim at least 41 times, such as the list of crimes in the attached Table, and embezzled it.

2. Embezzlement;

A. On October 28, 2013, the Defendant: (a) received an order from the victim D to demand payment of KRW 2,741,000 from the victim; (b) withdrawn KRW 2,741,00 from the head of a new bank passbook in the name of the victim; and (c) took custody of the victim for the victim; and (d) did not pay the individual additional tax at his/her own discretion around that time.

B. On December 19, 2013, the Defendant received an order from the victim D to demand the payment of KRW 580,920,000 from the individual global income tax, and withdrawn KRW 580,920 from the new bank passbook in the name of the victim and used it for the victim. The Defendant did not pay the global income tax as well as arbitrarily consumed it around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 355 (1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the sum of the instant embezzlement has not been written, and that is not agreed with the victims until now.

arrow