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(영문) 수원지방법원 2016.05.23 2016고단1447
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, from May 18, 2015 to early December 2015, 2015, worked as an accounting employee at the victim E-company of the operation of the D, which was located in the Ulsung C and 205 from May 18, 2015, and was engaged in the affairs such as deposit and withdrawal of accounts in the name of the said company, and settlement of payments to customers.

The Defendant is well aware of the Internet banking business, did not check the details of the transaction in the name of the victim company by trusting himself/herself, and did not pay money from the account in the name of the victim company by using the fact that the Defendant manages the account in the name of the victim company.

In order to be used, it was thought that it was used.

On June 4, 2015, while the Defendant kept operating funds of the company in the name of the Industrial Bank of Korea for the victim company at the victim company’s office, the Defendant arbitrarily transferred KRW 11,953,700 from the said account to the Defendant’s account under the name of the Defendant, using the Internet banking, and then embezzled the remittance place as “F,” a trader of the victim company, as if the payment was made to the trader, and used the said money in criminal agreement, etc. at that time. From that time to December 1, 2015, the Defendant used the said money for the victim’s criminal agreement, etc., 16,653,753 in total from the Bank’s account in the name of the victim company at the Industrial Bank of Korea through the same 17 times in total, as shown in the list of crimes, from that time until December 1, 2015, from that time, transferred KRW 16,653,753 to the Defendant’s agricultural bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (attached details of transactions by Defendant husband H head of the Tong), investigation report (attached documents, such as a statement of transactions by head of the Tong, a victimized corporation);

1. Application of the details of account transactions, copies of passbooks, and the statutes governing certificate of employment;

1. Relevant Article 356 of the Criminal Act and Articles 355(1) and 355 of the Criminal Act concerning criminal facts, punishment of imprisonment.

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