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(영문) 춘천지방법원영월지원 2020.11.17 2020고단52
업무상횡령
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2019, the Defendant was sentenced to a suspended sentence of one year for criminal fraud at the Seoul Central District Court on June, 2019, and the said judgment became final and conclusive on September 7, 2019.

【Criminal Facts】

From March 10, 2014 to September 14, 2017, the Defendant, while serving as an internal director of the victim-in-house director of the Gangseo-gun B and the second floor (C) of the Gangseo-gu Seoul Special Metropolitan City (hereinafter referred to as the “victim Company”), was actually performing the representative’s duties, and was comprehensively in charge of all the company’s affairs, such as the management of the corporation’s funds, the execution of funds, and the management of contracts.

On April 21, 2015, while the Defendant kept and managed the funds of the victim company on behalf of the victim company, he transferred 46 million won to the E bank account (H) account of the victim company by using the computer in the above office of the victim company to the E bank account in the name of the purchase price of trees, and received 46 million won among them to the E bank account in the name of the defendant, and used them for personal purposes, such as Internet gambling, etc., from that time to September 14, 2017, and transferred 239,370,000 won in total over 10 times from September 14, 2017, as shown in the list of crimes, to the above E bank account in the name of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (including an interrogation);

1. Each police statement made to J and G;

1. Application of Acts and subordinate statutes to the accusation, accompanying documents, investigation reports (Attachment to the records in the case of No. 2018 type 1093) and accompanying documents, suspect A data, investigation reports (detailed statement of deposit transactions in the case of D Corporation Account), investigation reports (attached to the documents submitted from witnesses), investigation reports (attached to the documents submitted from witnesses), and accompanying documents, details of transactions of deposit and withdrawal, data on analysis of the details of transactions of deposit and withdrawal between A and D, investigation reports (net 36), accompanying documents, investigation reports (detailed 36) and accompanying documents, integrated account statements (D, and A account) and consolidated documents;

1. Relevant Article 365 of the Criminal Act, Articles 365 and 355 (1) of the Criminal Act and the punishment of imprisonment with prison labor for the crime;

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