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(영문) 수원지방법원 2018.01.17 2017고단6866
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from December 22, 2014 to October 14, 2016, is an employee of the general department in charge of the payment affairs, etc., who is in the Geumcheon-gu Seoul Metropolitan Government Co., Ltd., and from May 8, 2015 to October 14, 2016, the victim D D Co., Ltd’s trade name organized for the welfare of the employees of the said company was changed on February 21, 2017. However, since the name of the victim D Co., Ltd. was not changed, the Defendant is specified as “D’s bypass” according to the trade name of the previous company before the change. The Defendant is an executive secretary who is in charge of the management of S Co., Ltd. as an executive secretary.

1. On May 8, 2015, the Defendant, from around May 8, 2015 to around October 14, 2016, embezzled an amount equivalent to the same for personal use, such as living expenses, by continuously receiving private membership fees deducted from the source collection method from employees’ pay to the national bank account in the name of the Defendant, and continuously using the same amount for personal use from around May 8, 2015 to around October 14, 2016.

2. The Defendant, from September 2015 to September 2016, filed a claim with the person in charge of accounting for the payment of KRW 2,560,000,000,000 from the victim company’s office to the “E”, which is the customer of the victim company, and embezzled an amount equivalent to the said amount by using it for personal purposes, such as living expenses, etc. around that time while receiving transfer from the person in charge of accounting to the national bank account in the name of the victim company.

3. Around August 2016, the Defendant filed a claim with the above accounting officer for a total of KRW 5.90,000,000,000, which is the 5.990,000 from the above accounting officer to the national bank account in the name of the Defendant, and received money from the above-mentioned person to the national bank account in the name of the Defendant, and kept it for business purposes, such as living expenses.

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