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(영문) 수원지방법원 2017.11.03 2016고합3
횡령등
Text

Defendant

A Imprisonment with prison labor for three years, and for one year, for Defendant B.

Reasons

Criminal facts

Defendant A is the representative director of E Co., Ltd. (hereinafter referred to as “E”) located in Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as “E”), and Defendant B is a person who worked as the vice head of Suwon-gu G F Branch from January 20, 2015 to July 14, 2015.

1. On June 2015, the Defendants’ embezzlement: (a) invited funds necessary to promote “I Housing Site Development Project” at H at a place in which a police officer was not a patrolman; (b) agreed at the G branch where Defendant B works to manage the said funds; and (c) borrowed the initial funds necessary for attracting the said funds from the victim J.

Defendant

A around 14:00 on June 10, 2015, at K coffee shop near the G branch, the victim met the victim and the victim submitted the commencement system with the authorization and permission for the current soft business to the victim.

The affairs related to the financing of funds shall be entrusted to B, which is the vice head of G branch, and in order to use the funds, it shall prove the ability to raise funds, and it shall deposit KRW 100 million with the related bank for a certain period.

The check shall be issued in the face of KRW 100 million and a certificate of custody shall be prepared to the Korean bank B and shall be returned again only after being kept for 10 days.

On the same day, Defendant B received from the injured party a check of 100 million won in face value (referred to as “the check at the center of the issuing bank and the check number L).

Defendant

B, while receiving and keeping the above checks, I agreed to receive a request from Defendant A to deliver the checks to M as an investment in the above business fund, and the Defendants around that time set up M at the above K coffee shop and set up the above checks to M.

Accordingly, the Defendants jointly used and embezzled the above checks kept by Defendant B at will.

2. Defendant B-.

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