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(영문) 수원지방법원 2016.05.12 2014고단7247
업무상횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant is the victim F (hereinafter “victim”) from August 1, 2008 to November 30, 201.

(3) in the case of

A person who has worked as the head of the management team in charge of fund management.

1. Around January 29, 2010, the Defendant, even though there was no fact that he actually paid retirement allowances, etc. to G, an employee of the victim company, was paid to G on the company’s account books, and embezzled by arbitrarily remitting KRW 14,290 from the financial account in the victim company’s name to the financial account (Account Number H: hereinafter “instant account”) opened in the victim company’s financial account, including embezzlement of KRW 1,626,090 from the date of the transfer of KRW 1,626,09 to the financial account opened in the name of the Defendant, and from October 31, 2011 to October 31, 2011, from the financial account in the victim’s name to the instant account in the name of the Defendant.

2. On September 14, 2009, the Defendant received KRW 3,911,450 from I, a business partner of the victim company, to transfer KRW 2,631,450 to the instant account, and embezzled the remaining difference of KRW 1,280,00 after settling accounts in I’s name on the same day, without remitting it to the victim company, and embezzled it by arbitrarily consuming the difference of KRW 1,280,00 for eight times from that time until November 4, 2011.

2. Determination

A. Examining the crime sight table (1) 1, 3-8, 10-16 times in the net time, and (2) the president of the account of the victim company and the Defendant’s credit card use details at the expense of the victim company, a majority of the items used as the Defendant’s personal card out of the separate account list entered as the receipt reported at the expense of the victim company is confirmed. The sum of the amounts is KRW 24,506,450 from August 2008 to November 201, and the amount corresponding to the sequence of the crime sight list as above.

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