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(영문) 수원지방법원 2020.05.28 2019고합327
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an accounting employee of “D”, a manufacturer of electronic control devices in Suwon-si B, from November 2007 to May 2018, who had been engaged in the business of managing sales and expenditure of the said company and paying-in funds.

1. Around August 1, 201, the Defendant embezzled the funds of the victim’s management company at the above “D” office located in Suwon-si B, Suwon-si, and used KRW 1,000,50 for personal purposes, such as living expenses, after remitting KRW 1,00,50 from Suwon-si to the G bank account (Account Number H) in the name of the Defendant, while keeping the account in business for the victim C, which is the income management account of the said company, for the victim.

From July 6, 2011 to April 24, 2018, the Defendant: (a) withdrawn KRW 1,204,293,562 in cash from the above company’s income management account kept for the victim as stated in attached Table 1 to attached Table 3 of Crimes List 3; or (b) remitted money to each deposit account under the name of the Defendant and the Defendant’s husband, the Defendant’s husband, and the Defendant’s omission, and embezzled it for personal purposes, such as living expenses.

2. Around 22:50 on July 5, 2012, the Defendant used the Victim Company’s C’s C Card at the above “D” office located in Suwon-si B, Suwon-si, and embezzled the C Card at will using 10,400 won from the K Bank’s deposit account (Account Number L) account in the name of the victim C, which is the management account of the said Company’s operating expenses, for the victim, during the course of his/her business keeping the Card for the victim, at his/her own discretion, and then embezzled it from around that time to April 25, 2018 by using 279,048,41 won in total as shown in [Attachment Table 4] from that time to April 25, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A complainant or suspect financial transaction file CD;

1. Each financial transaction EO, E P.

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