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(영문) 서울중앙지방법원 2016.02.11 2015고정2568
횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who served as the chairperson of the Korean University of Victims C from January 2009 to August 2014.

1. On November 12, 2009, the Defendant received KRW 156,863,935 from the employee in charge of the foregoing C University at the Defendant’s office located in Gangnam-gu Seoul, Seoul, by deposit of KRW 156,863,935 from the employee in charge of the said C University, and deposited and managed the said money to the account of the Defendant’s bank (E) in the name of the Defendant, on December 9, 2009, transferred KRW 32 million out of the above money to the account of the National Bank in the name of the Defendant, and embezzled it by using the personal business funds at will around that time.

2. Around December 9, 2009, the Defendant received KRW 18,120,000 from the above C University to the above Korean bank account (E) in the name of the Defendant, and deposited the total amount of KRW 878,998 in the said bank account under the name of the Defendant, and transferred the said amount to the national bank account (F) in the name of the Defendant around the 17th of the same month, and embezzled the said amount by arbitrarily using personal business funds, etc. around the 24th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution with regard to I;

1. Application of a statute in the A bank account (No. 259 pages);

1. Relevant Article 355 of the Criminal Act and Article 355 (1) of the Criminal Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following facts are acknowledged in full view of the evidence as stated in the grounds of conviction of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

A. The Defendant requested C University to transfer the membership fees of the Plaintiff C University’s total Dongdaemun-gu Council, which was managed on the part of the school account, to the personal account.

B. On November 11, 2009, the Defendant opened an account number E with the Bank, and then opened that account number E.

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