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(영문) 인천지방법원 부천지원 2016.12.16 2016고합226
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was engaged in the sales and collection of the products of the said company as a business director of the victim E-stock company for the purpose of selling agricultural products in Chungcheong-gun A from September 2006 to October 31, 2012.

On March 13, 2012, the Defendant deposited KRW 4 million in the account of the Nonghyup Bank (I) in the name of the Defendant for the said company, and used the Defendant’s daily living expenses, such as remitting KRW 1 million to the Defendant’s wife on the same day as his/her daily living expenses.

In addition, from March 20, 2009 to October 15, 2012, the Defendant embezzled a total of KRW 1.56,988,785 won on 3.82 occasions, as indicated in the crime sight table 1, as indicated in the attached Table 1.

2. On October 201, in order to conceal the embezzlement of company funds, the Defendant made an illegal solicitation to the Korea Vice-President, who was in charge of accounting affairs at the victim company, to request accounting manipulation as if the price of the transactional goods was deposited in the company, and in return, remitted KRW 5 million to the Nonghyup account in the name of K on October 14, 201, from that time until February 16, 2012, and remitted KRW 21,000,000,000 over six occasions as indicated in the attached Table 2.

As a result, the Defendant made an illegal solicitation on K's duties, and provided KRW 21,00,000 in return.

3. Alteration of private documents and the display of private documents; and

A. Around January 2013, the Defendant who altered private documents was accused of the embezzlement of paragraph (1) at the Seocheon-si Police Station of Seocheon-si, Seocheon-gu, Seocheon-si and was under investigation by the embezzlement of paragraph (1) and was in charge of the investigation, thereby making embezzlement as above and concealing the fact that he received money with K and illegal means.

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