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(영문) 서울중앙지방법원 2014.05.29 2014고단243
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant is an intermediary manager in charge of corporate accounting affairs and victim E- from the Korea Institute of Research and Development, who works as the corporate head of the Korea Institute of Research and Development (hereinafter “DA”) of the victim educational foundation in Dongjak-gu Seoul Metropolitan Government from March 21, 199 to June 30, 201, and is engaged in managing the deposit account in which funds owned by the Korea Institute of Research and Development and the Korea Institute of Research and Development are deposited.

When managing funds of victim D Teaching Institutes and graduate School Universities, the Defendant thought that the funds of each of the above corporations were personally used by preparing false evidentiary documents or infusing expenses.

2. Criminal facts;

A. A. On February 7, 2006, the Defendant embezzled the corporate funds of the victim D Teaching Institute at the new bank branch of the Korean bank located in the Dongjak-gu Seoul Metropolitan Government New Bank, and then withdrawn KRW 1,500,000 from the deposit account (Account Number:F) in the name of the victim D Teaching Institute, based on the evidence of disbursement prepared by the Defendant in a false manner, and used the above KRW 1,50,000 as the credit card payment, etc. around February 9, 2006, at the relative Forest Branch of the above Korean Bank (Account Number:H) from the Defendant’s wife’s Defendant’s wife’s bank account (Account Number).

From that time until May 23, 2011, the Defendant, as shown in the Schedule of Crime (1) of the Attached Table, withdrawn a sum of 39,540,000 won from the deposit account (Account Number:F) in the name of the National Bank of Korea (hereinafter “The Victim’s Research Institute”) in the name of the victim, and embezzled it by arbitrarily consuming it for personal use.

B. Around March 2, 2006, the Defendant: (a) withdrawn KRW 6,509,50 from the deposit account (Account Number: I) in the name of a national bank in the name of the victim university based on the evidence of disbursement prepared by the Defendant, at a national bank Dong-dong branch of Guro-gu Seoul Metropolitan Government, on the ground of the evidence of disbursement that the Defendant drafted.

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