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(영문) 수원지방법원 평택지원 2014.08.05 2013고단1295
업무상횡령
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 1, 201, the Defendant is a person in charge of the profit-making business of the victim corporation, welfare business for registered disabled persons, event, and other branch affairs of the Korea Association of Persons with Disabilities (hereinafter “victim Corporation”), who is a victim’s association from around January 1, 201 to the date, and is in charge of the management and operation of the public parking lot (105 vehicles) owned by Pyeongtaek-si located in Pyeongtaek-si from Pyeongtaek-si on December 30, 201, and entered into a contract with Pyeongtaek-si to manage and operate the public parking lot (105 vehicles), and pay a certain amount of money to Pyeongtaek-si every year, and the Defendant is engaged in the business of transferring daily profits from the parking managers employed in the above public parking lot with the chairperson of the victim corporation and depositing it into the EF account in the name of the victim corporation.

Nevertheless, the Defendant from February 28, 201 to the same year.

3. From February 21, 201 to March 13, 2013, a person who received KRW 1,085,50,00 from the parking manager F, G, and H in the above public parking lot and kept it on behalf of the victim corporation, he embezzled the property of the victim corporation by arbitrarily consuming KRW 513,00,00,000, which is a part of the amount, to the head of the Tong of the victim corporation, for personal purposes, such as living expenses, etc., and arbitrarily consuming the remainder of KRW 572,50,00,000, from the parking manager from February 21, 201 to March 13, 2013, the sum of KRW 182,761,20,00, which was 59,309,893, among them, for personal purposes, without depositing it into the head of the victim corporation.

Summary of Evidence

1. Each legal statement of a witness I, H and J;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Details of account transactions, settlement details by period, daily profit settlement table, daily profit ledger, statement of ordinary deposits trading, and each investigation report (in addition to receipts submitted by suspects, and minutes);

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