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(영문) 의정부지방법원 2019.10.25 2019고단55
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant, as the representative director of the Victim C Co., Ltd. in both weeks from March 2013 to July 2016, was in general in charge of the business of the Defendant and engaged in the business of managing funds.

The Defendant: (a) while keeping the operating funds for the said Company for business purposes, despite the existence of the fact that the Victim Company purchased goods from the E operated by the said Company; (b) voluntarily remitted KRW 4,400,000 from the Victim Company’s Account to the account in the name of D for the price of goods from November 21, 2013 to the account in the name of D; (c) returned KRW 4,00,000 from D to the personal account in the name of the Defendant on November 21, 2013; and (d) used the remainder of KRW 400,000 for personal purposes, including embezzlement of KRW 4,40,000 for the victim Company’s funds, from November 21, 2013 to June 1, 2015; and (d) embezzled the Defendant’s total amount of KRW 198,600,000 for the said personal purpose as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution;

1. Statement by each prosecutor's office with respect to F;

1. Each complaint;

1. Copy of corporate register;

1. A report on investigation (Submission of a detailed statement of theg for reference and the processing and transactions of suspects);

1. One copy of a detailed statement of processing transactions;

1. Investigation reports (Submission of suspect and specification of transactions of H bank);

1. A copy of a specification of transactions of H Bank;

1. An investigation report (a copy of tax invoice submitted D), etc. for reference;

1. Eight copies of a tax invoice;

1. All of the payment orders and evidentiary materials related to the return of investment funds, Law No. 2017 tea588, the Macheon-si Court of the Republic of Korea Act;

1. Investigation report (examination of the status of KRW 73.6 million claimed as the next rent);

1. Investigation reports (to hear statements with respect to chemical timber transactions with the counter-suspect D);

1. An investigation report (a copy of the contract for supply of waste fiber submitted by a complainant, etc.);

1. A copy of a contract for supply of waste fibers;

1. One copy of an entrustment contract for the treatment of industrial wastes;

1. Statement of transactions;

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