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(영문) 서울동부지방법원 2017.09.07 2017고합177
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than 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

From December 2005 to May 2015, the Defendant is a person who holds office as the representative director of the victim-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Steering Committee for the purpose of selling clothes, etc., and exercises overall control over the management and finance of the company.

On February 19, 2009, the Defendant: (a) withdrawn KRW 2 million from the company bank account (Account Number:F) in the name of the victim company on behalf of the victim company; (b) arbitrarily used the funds of the victim company for personal purposes; (c) from that time to August 28, 2014 by withdrawing or transferring KRW 631,88,506 in total from the bank account in the name of the victim company or by transferring the funds to the company bank account in the name of the defendant or his wife, and then embezzled the funds for personal purposes such as the payment of insurance premiums, interest on loans, and subscription money in the name of the child.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to G, H and I;

1. Each police statement to J or K;

1. Investigation report (in relation to the E-corporate account deposit and withdrawal data submitted by reference K), investigation report (in the event that data are printed out by the suspect A), L Internet output, investigation report (in the event that an agency contract is attached), E agency contract (in the Daegu Busan Busan Metropolitan City), investigation report (in the event that data on payment of taxes in the year 2013 are attached), and short-term loan deposit and withdrawal details submitted by K;

1. Upon completion of the investigation into a certified copy of the E registry, a cash flow survey list, a real estate ownership record, a certified copy of the registry, the head of the registry, a statement of short-term borrowings, a statement of expenditure irrelevant to business affairs, a statement of entry into and withdrawal from E, and a statement of the source of funds, a statement of resignation, a statement of provisional payment, a statement of entry into and withdrawal from E corporate accounts, and a statement of embezzlement (the details of transactions into E corporate accounts) applicable to statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

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