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(영문) 서울중앙지방법원 2016.09.29 2016고합560
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

The Defendant was in office as a business employee of the Victim C Co., Ltd. (hereinafter “victim”) who sells savings bank loans on behalf of the Defendant from around December 2, 2013 to around September 2015, and was in charge of the business of paying loans to the loan applicants through the Defendant’s name SPD account in the name of the victim company (hereinafter “instant victim company account”). On January 19, 2014, the Defendant deposited the funds in the victim company’s office located on the second floor in Seocho-gu Seoul Metropolitan Government Eth Building through Internet banking.

The sum of KRW 5,00,000 was 749,570,000 from that to October 4, 2014, as shown in the list of crimes in the separate sheet of crimes, from that to that to that to that to that to the F bank G account, Defendant’s KRW 5,000 was arbitrarily consumed for the following gambling funds, including the transfer of KRW 5,00,000 to that to that to the 144-time.

Accordingly, the Defendant embezzled 749,570,000 won of the victim company's deposit in business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of H);

1. Statement made by the prosecution with regard to H;

1. Each police statement made with respect to H, I, and F;

1. A criminal investigation report (Submission of the details of banking transactions of a suspect), a criminal investigation report (Submission of the FF details of transactions with a suspect and the details of repayment), a criminal investigation report (Partial revision of a criminal complaint filed by a criminal suspect), a criminal investigation report (examination of warrant response data and preparation of a list of crimes, and a statement of recovery of damage), a criminal investigation report (Submission of the data on the method of withdrawing damage) and a criminal investigation report (the report on confirmation of the amount of embezzlement last one week);

1. Business registration certificate, A Han Bank and Korea Bank's respective transaction details (Evidence Nos. 9, 10), F's transaction details (Evidence Nos. 13, 14), A Bank, New Bank and Han Bank's respective transaction details (Evidence Nos. 15 through 17), A Crime List (Date No. 15 or 17), A.

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