logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.30 2017고단1912
업무상횡령등
Text

A fine of 2 million won is imposed on the defendant's occupational embezzlement, and a crime of fraud, such as the computer in its holding, is established.

Reasons

Punishment of the crime

[criminal records] On November 10, 2016, the Defendant was sentenced to one year of a suspended sentence of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on June 10, 2016, and the judgment became final and conclusive on November 18, 2016 and is still under suspended sentence.

[Criminal facts]

1. The Defendant, who was occupational embezzlement, has been engaged in the management of the company’s funds as an accounting employee of the victim “C architect” corporation located in Gangnam-gu Seoul, Gangnam-gu, Seoul, as from July 2016.

On October 13, 2016, the Defendant used 600,500 won for personal debt by transferring it from the above company's office to the Defendant's Nong Bank account in mind, and using it for the purpose of personal debt repayment.

From around that time to November 30, 2016, the Defendant embezzled total of KRW 10,082,00 by using the same method, such as the flag table (1) in four times in total, as in the same manner, with personal debt repayment, etc.

2. On October 12, 2016, the Defendant: (a) purchased personal goods, such as clothes, by accessing an online shopping site with a national card held in the said victim’s name at the place indicated in the said paragraph 1; and (b) purchased goods from an online shopping site; and (c) paid the price for goods equivalent to KRW 73,500 by entering information on the victim’s card without authority.

From around that time to November 4, 2016, the Defendant acquired property benefits equivalent to KRW 4,486,490 in total by inputting information into a computer or any other information processing device without authority, such as attached Table (2) at least 14 times in total, from around that time to around November 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A statement of new bank transactions and a statement of national card;

1. Previous records: Inquiry into criminal records, application of investigation reports (the confirmation date of the judgment and the binding of the relevant written judgment) Acts and subordinate statutes;

1. Article 356 of the Criminal Act applicable to the crime and Articles 355(1) and 355 of the Criminal Act of the choice of punishment for the crime;

arrow