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(영문) 울산지방법원 2015.05.13 2015고단202
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant for occupational embezzlement against the victim B is an employee of the attorney-at-law’s legal office located in Ulsan-gu, Ulsan-gu, Seoul-do from July 2012 to May 2, 2014, and was assigned by the victim B with a passbook and seal in the name of the victim B and engaged in the accounting-related affairs of the said legal office.

Around January 8, 2013, the Defendant collected KRW 300,000,000 from the above passbook to the Defendant’s personal debt in Ulsan-gu, Ulsan-gu, Ulsan-do, and embezzled the Defendant’s personal debt at around that time.

In addition, from January 8, 2013 to May 23, 2014, the Defendant arbitrarily consumed the total amount of KRW 22,160,000 owned by the victim and embezzled it over 51 times in total, as shown in the attached list of crimes.

2. Around January 10, 2014, the Defendant: (a) submitted a request for withdrawal of the said deposit at the Ulsan District Court of Ulsan-gu, Ulsan-dong, Ulsan-dong, U.S. District Court for the Defendant’s occupational embezzlement of the victim D, at the request of the victim D, the client of the Plaintiff, who was the attorney-at-law, for the deposit amount of KRW 8,000,000 deposited by the victim with the deposit number of KRW 673 in 2013, and the deposit amount of KRW 8,000,000 deposited with the deposit number of KRW 674 in 203; (b) obtained the confirmation from the court staff; and (c) obtained the confirmation from the court staff on January 16, 2014, at the Ulsan District Court of Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul District Court for withdrawal of the said deposit money from the victim’s deposit money and its interest thereon; and (d) obtained the victim’s custody for business purposes.

Around that time, the Defendant arbitrarily consumed the Defendant’s personal debt repayment and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. A complaint;

1. Internet banking transfer certificate, a copy of each detailed statement of account transactions, a written inquiry of transaction details of A new bank, and a new bank under the name of the accused;

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