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(영문) 부산지방법원 2016.08.11 2016고단526
업무상횡령등
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A as a representative of D travel agencies from July 2014 to May 2015, 2015, A is a person who has overall control over the affairs of the travel agency, including the management and execution of funds of the above travel agency, and Defendant B is the wife of the above travel agency, and is a temporary employee from February 2014 to May 2015, and is a person who has performed the affairs related to the reservation and issuance of airline tickets, the receipt and issuance of visas, and the provision of subsidies related to the expenses on behalf of the travel agency.

1. Defendant A

A. Although there was a legal account used by the above (State) D travel agencies, the Defendant opened a separate account with the Defendant’s personal name in Busan Bank account (E) and received and managed the travel expenses paid by the travel agencies’ customers to the Defendant’s personal account, with the intent to use some of them for the personal purpose.

(1) On July 2, 2013, the Defendant embezzlement of customer hotel reservation expenses: (a) around 105 of the first floor below the 1st floor below the building of the FF in Busan, Busan, the Defendant used fees of KRW 124,300 for personal purposes, such as the Defendant’s living expenses, etc., while performing the customer’s hotel reservation service through the hotel package site; and (b) transferred the fee of KRW 124,300 to the above Busan Bank’s account to the victimized person; and (c) around that time, the Defendant used it for personal purposes, such as the Defendant’s living expenses.

The Defendant, as such, embezzled the money in custody for the victim, and embezzled the total amount of KRW 2,658,924 on 24 occasions, as shown in the attached Table (1) from that time until January 19, 2015, including the embezzlement of the money in custody for the victim.

(2) On January 1, 2014, the Defendant embezzlement of customer travel expenses: (a) received KRW 758,000 from customers’ travel expenses to the above Busan Bank account; (b) used KRW 638,00 among them as expenses; (c) kept the remainder of KRW 120,000 for the said travel agency by the victim; and (d) held the remainder of KRW 120,000 for the said travel agency from that time to May 23, 2015; and (b) together over 66 times in total, such as the daily list of crimes (2).

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