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(영문) 서울중앙지방법원 2015.07.30 2014고합765
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Justice] On August 10, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Central District Court on August 10, 2012, and the said judgment became final and conclusive on March 13, 2013. On August 13, 2014, the Seoul Central District Court sentenced two years and six months of imprisonment with prison labor for embezzlement, etc., and the said judgment became final and conclusive on September 30, 2014.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) [2014Gohap765] The Defendant is the actual operator of the Victim E Co., Ltd. (hereinafter “victim Company”) that has established automobile import-sale business, etc. for business purposes, who has overall control over the affairs such as fund management, finance, accounting, execution, etc. of the said Company.

On October 9, 2007, the Defendant deposited KRW 7,000,000 from the above account to the new bank account (hereinafter “I”) in the name of the Defendant’s Dong H (hereinafter “I”) in the victim company’s office located in Gangnam-gu Seoul, and embezzled KRW 5,00,000 as the purchase price of the J PP car to be purchased individually by the Defendant and embezzled it seven times in total from that time to April 23, 2010, by arbitrarily consuming KRW 18,1410,00 of the funds of the victim company kept in business as stated in the attached Table of Crimes (1) (the part of the crime).

B. On September 23, 2009, the Defendant: (a) deposited in a new bank account in the name of the victim company (K; hereinafter “K”) through a credit card company by a person who received automobile maintenance services from the victim company at the victim company’s office; and (b) deposited in the name of the victim company for the purpose of the victim company; and (c) deposited KRW 1,200,000 in cash and managed by the Defendant.

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