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(영문) 서울동부지방법원 2013.09.11 2013고단1031
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From September 201, the Defendant is a person who has been working in a state as a victimized company (state)D and has overall control over the business, revenue, fund management, etc. of the company.

From around 2010, the Defendant had stuffed in Gangseoland to KRW 20 million, and had 20 million or more, used the possession of passbook E, the former representative director of the victimized Company and the victimized Company, to manage the funds. As if the victimized Company’s diversation of the provisional deposit money from E to E’s account, the Defendant used the diversing method to transfer the funds from the victimized Company’s account to E to the Defendant’s account.

On April 10, 2012, the Defendant transferred 10 million won from the national bank account (Account Number: G) in the name of the victimized company using the Internet banking to the bank account (Account Number) in the name of the victimized company, and immediately transferred 10 million won to the national bank account (Account Number: H) in the name of the former representative director of the victimized company by using the Internet banking transaction, and then embezzled it by using it to gambling in the name of the Defendant from April 16, 2013, as shown in the list of crimes in the separate sheet of crimes, at least 43 times until April 16, 2013, and then transferred 582.5 million won to the Defendant’s account, as shown in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of M;

1. Application of Acts and subordinate statutes of the investigation report (re-specified list of crimes);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reasons for sentencing under Articles 52(1) and 55(1)3 of the Criminal Act for mitigation of self-denunciation are primary offenders, self-denunciation, and there are favorable circumstances, such as the violation of one’s own mistake. However, in light of the fact that the Defendant embezzled a large amount of money exceeding KRW 580 million for a year, and embling it by gambling it, the crime is not good.

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