logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.01.22 2015고단1258
업무상횡령
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On February 9, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Public Official Election Act in the Daegu District Court Port Support Act, and the said judgment became final and conclusive on March 8, 2015.

1. Around July 19, 2012, the Defendant, as the actual owner of D Co., Ltd., a victim of D Co., Ltd., carried out the business of the said Company’s corporate funds, withdrawn KRW 10 million under the pretext of provisional payment and embezzled them by using them for a transaction of the Plaintiff’s stocks, and then embezzled them from that to April 2, 2013, the Defendant arbitrarily consumed the total amount of KRW 70 million on five occasions, such as the sequence 1 to 5 of the daily list of crimes, from that to that to April 2, 2013.

2. On October 23, 2012, the Defendant, as the actual owner of E Co., Ltd., a victim of the said company, voluntarily consumed and embezzled the total amount of KRW 380 million for four times during the period from around October 23, 2012 to around April 9, 2013, including: (a) withdrawing KRW 300 million under the custody of the said company’s corporate funds as a tentative payment; (b) using them in purchasing an apartment under his/her name; and (c) using them; and (d) from that time to April 9, 2013.

3. On June 7, 2013, the Defendant, as the actual owner of F Co., Ltd. F (former trade name before the change: E Co., Ltd.)’s corporate funds, withdrawn KRW 200 million under the pretext of provisional payment, while the said corporate funds were kept in business, and embezzled them by having them used for the transaction of stocks of the Plaintiff.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to G, H and I;

1. A copy of specified financial transaction information, details of transactions in each account, details of transactions in related accounts, etc. (section 92), each written agreement on lending money, relevant flow chart- amended main text, such as the withdrawal of funds from A company, a copy of the previous table related to provisional payments of KRW 300 million on October 23, 2012, and apartment supply contract (J), etc.;

1. Before judgment: Results of inquiry, copies of the judgment (referred to as "port support 2014 Gohap 116), application of Acts and subordinate statutes concerning search of prosecution cases;

1. Article 356 of the Criminal Act and Articles 355 of the Criminal Act concerning criminal facts and the choice of punishment.

arrow