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(영문) 수원지방법원안양지원 2020.10.28 2018고단1280
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

From December 29, 2016 to November 25, 2017, the Defendant is a person who works as the representative director of the Victim D Co., Ltd. D (hereinafter “victim”) located on the seventh floor of Seocho-gu Seoul Metropolitan Government building C, and has overall control over the overall fund management of the Victim Co., Ltd and the operation of the Company.

The victim company is a lending company mediating a loan between individuals and individuals, and the appropriate interest rate is determined after receiving the loan application from the loan applicant, and when being entered on the Internet bulletin board, the individual investors make an investment in the E-bank account in the name of the victim company, make a loan from the above account to the loan applicant, and receive the repayment from the above account, the amount excluding the fee of the victim company is operated in the way that the individual investors are paid

The Defendant carried out a loan from an individual investor before receiving an investment from the individual investor for business convenience, and carried out the loan business using the Defendant G bank account in the name of the victim company, not the bank account, but the bank account in the name of the victim company. If the investment is made later, the Defendant received the money from the victim company’s account to the G bank account in the name of the victim company and kept it on

On July 27, 2017, the Defendant embezzled KRW 1.8 million in a way of arbitrarily consuming 71,200,000 throughout 11 times until December 5, 2017, as shown in the list of crimes in the attached Table, while he/she was in custody for the victim company by remitting KRW 1.8 million from the account in the name of the victim company, and on the same day, he/she voluntarily consumed KRW 1.6 million as the name of the Defendant’s repayment of obligations to the personal creditors.

Summary of Evidence

1. The defendant's legal statement (the statement on the 13th trial date);

1. Statement made by a witness I in the sixth protocol of the trial;

1. Full certificate of the registered matters, the details of entry and withdrawal, the virtual account of the E Bank, the details of deposit and withdrawal, the account of deposit and withdrawal, the account of the G Bank, the account of the G Bank, and the account passbook of the D borrower.

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