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(영문) 인천지방법원 2015.12.29 2015고합546
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] Defendant A is a person who actually operates the Mediation Agency Co., Ltd. D Co., Ltd. (hereinafter “victim Co., Ltd.”) in Seo-gu Incheon, and the victim E Co., Ltd. A is a representative of G Co., Ltd., who works for the responsible supervision of the electrical construction field in the construction site in Daegu-gu, Daegu-gu, as the representative of G Co., Ltd., and was in charge of overall management and supervision of the electrical construction field at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site of Gangdong-gu, Seoul, Seoul, which was ordered by K Co., Ltd. around 2010. The K Co., Ltd. is a local public enterprise, and the N Co., Ltd was in charge of overall management and supervision of the electrical construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at around 2010.

【Criminal Facts】

1. From around 2008, the Defendant: (a) from around 2008, he raised so-called “over-the-counter funds” using the method of paying the amount of goods to the customer of the victim company operated by himself in lieu of payment; and (b) omitted the small sales; and (c) partly used them to pay on-site expenses, etc. which are difficult to keep accounts normally and used for personal purposes.

The Defendant paid the amount of goods to T, U, and V accounts, which are customers of the victim company, in excess of the amount of money transferred, and the difference between the amount of money transferred to the account in excess of the amount of actual transaction.

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