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(영문) 서울남부지방법원 2017.09.21 2017고단3486
업무상횡령등
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant has been engaged in the accounting management of the said company as a person in charge of the accounting management affairs of Yeongdeungpo-gu Seoul Metropolitan Government and D Co., Ltd. as the victim, from the early December 2012 to January 25, 2017.

On April 4, 2013, the Defendant used the total amount of KRW 269,174,249 for the victim company by means of the same method as indicated in the annexed crime list from around 82 to December 14, 2016, in our bank account (E) in which the Defendant was in custody for the victim company, by means of Internet banking, transferred KRW 3 million to the bank account (F) of the Defendant’s name by means of Internet banking, and used it voluntarily as Defendant’s card payment, etc., and used it.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. On August 17, 2016, when Do Co., Ltd. awarded a successful bid on the Co., Ltd. from G Co., Ltd. on August 17, 2016, but the Defendant embezzled the company’s funds as described in paragraph (1) and did not pay the price, the Defendant revoked the successful bid, thereby making a successful bid by forging a document in the name of G Co., Ltd., and serving as a representative H as if the delivery was delayed and the delivery was not made.

On November 24, 2016, the Defendant was stored in a computer in the office of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu C and 201.

Using the document in the name of G Co., Ltd., the title “the case of requesting the verification of successful bid price for the auction Co., Ltd.” was stated as “the case of requesting the verification of successful bid price for the auction co., Ltd.” and the content column stated as “G E-SAES Group I” at the bottom of the document stating that the delivery of the product awarded due to the G Co., Ltd. system problems is delayed

Accordingly, the Defendant forged the “request for the confirmation of successful bid for E-SALS Auction Co., Ltd.” under the name of G Co., Ltd., a private document on fact certification for the purpose of uttering.

3. The Defendant’s events of the above investigation document are set forth in paragraph 2.

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