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(영문) 수원지방법원 안양지원 2016.12.22 2015고정842
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On April 17, 2013, the Defendant was sentenced to a suspended sentence of one year for occupational embezzlement by the Incheon District Court, and the judgment was finalized on November 15, 2013.

The Defendant worked as a joint representative director (from June 10, 2008 to January 28, 2014) of the Victim F Co., Ltd., a private consignment to a food resource-making facility that is operated by E, and took overall charge of the affairs of the Victim Co., Ltd.

1. On February 10, 2006, the Defendant acquired 386,962,950 won of dried machine 2 related to food resource-generating facilities (such as a dried machine, a dried machine, a dried disc, etc.). On January 22, 2008, the Defendant donated dried disc, etc. to E.

On December 7, 2010, the Defendant: (a) made a false document as if he did not request the replacement of the above dry disc, etc. to the astronomical Industry Co., Ltd. located in Ansan-gu Ydong-gu, Ansan-si; (b) transferred KRW 53,570,000 out of the funds of a company kept in the office of the victim company located in G on December 8, 2010 to the Dacheon Industrial Co., Ltd., and received a return in cash, and arbitrarily used them by the victim company’s shareholder to pay the funds.

Accordingly, the Defendant embezzled 53,570,000 won of the victim company's funds for business.

2. On December 15, 2009, the Defendant: (a) prepared a false document as if he did not request OPC to replace the vibration type equipment related to food and resource-making facilities with 20 million won; (b) transferred KRW 20 million out of the funds of the company’s funds kept in the office of the said victim company to OPC Co., Ltd. for the purpose of construction payment; and (c) arbitrarily used them as compensation for retired employees under the direction of the victim company’s shareholder.

As a result, the Defendant embezzled KRW 20,000,000 of the victim company's funds for business.

Summary of Evidence

1. The defendant;

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