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(영문) 대구지방법원 안동지원 2016.08.09 2015고단377
업무상횡령등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for one year and six months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of two years on July 25, 2014 in the Daegu District Court’s branch on December 10, 2013 for embezzlement, etc., and the judgment became final and conclusive on July 25, 2014.

Defendant

B On April 25, 2013, the Daegu District Court was sentenced to imprisonment with prison labor for six months as a crime of fraud, and the judgment became final and conclusive on May 3, 2013.

[2] The criminal facts of Defendant A and Defendant B are those who have been engaged in the business of purchasing, selling, and selling “Korea Co., Ltd., Ltd., Ltd. (hereinafter “victim Co., Ltd.”) operated by the Victim J, Inc., Ltd., (hereinafter “victim Co., Ltd.”) in Gyeong-gun from November 1, 2013 to March 1, 2014, and are those who have been engaged in the business of directly selling, with the victim Co., Ltd., Ltd., in some quantities while engaging in the business of selling, sorting, and selling, the victim Co., Ltd. (hereinafter “victim Co., Ltd.”).

1. Defendant A used by the Defendant from the victim company at an insular location from around December 9, 2013 to around December 25, 2013.

The ACC head (Account Number: M) transferred KRW 157 million as down payment for death and purchase, and voluntarily consumed KRW 17 million for personal purposes, such as personal debt repayment and living expenses, etc., while carrying out business for the victim, and then embezzled KRW 132,547,00 for total six times from around that time to February 18, 2014, while keeping death and purchase money, etc. for the victim company for business purposes, such as voluntary consumption of KRW 132,547,00 for personal debt and living expenses, etc. for the victim company, as shown in the attached list of crimes.

2. Defendant B, from January 18, 2014 to February 23, 2014, sold to “N” and “O” with a company owned by the victim and received KRW 34,372,260 from February 11, 2014 to March 13, 201, and kept the victim company in custody on behalf of the victim company.

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