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(영문) 부산지방법원 동부지원 2016.05.12 2016고단192
업무상횡령등
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 becomes final and conclusive.

Reasons

Punishment of the crime

From March 2, 2004, the Defendant, as the site warden of the Victim E Co., Ltd. (hereinafter “victim E”) with the purpose of landscaping construction business on the 7th floor of the Busan Dong-gu D Building from March 2, 2004, has been in charge of the selection of the supply company in the construction site, landscaping construction work, supply of goods, and management of the advance payment.

1. Fraud;

A. The criminal defendant by deceitation of the price of supplied goods which is excessively appropriated at the construction site for the supply of goods received a statement stating the price of supplied goods by requesting the supplier to the supplier company that supplies the trees, etc. of the damaged company, and then demanding the supplier to pay the price of supplied goods that is excessively appropriated to the damaged company based on the above request, and the damaged company is willing to obtain the price of supplied goods by receiving the excessively paid amount from the supplier company when the damaged company pays the price to the

On January 2, 2012, the Defendant requested the borrower G to prepare and deliver an account statement containing an excessive amount of KRW 11.40,000 for working hours by requesting the borrower G to set up an account statement containing an excessive amount of KRW 1.1,40,00 for working days. On the same day, the Defendant requested G to prepare relevant documents as if the work was carried out as described in the above account statement and to pay the price to the person in charge where the name of the victimized company is not known. On the same day, when the victimized company paid KRW 1,452,00 to G, the Defendant was transferred from G to the Agricultural Cooperative account in the name of the Defendant’s subordinate H (Account Number: I).

In addition, from that time to June 3, 2015, the Defendant deceivings the staff in charge of the victimized company by the foregoing method, and thereby, he/she acquired a total of 255,69,570 won from the victimized company through 56 times as shown in the attached crime sight table (1).

B. The criminal defendant by deceitation of personnel expenses of false listed persons shall employ a large number of daily workers due to the characteristics of the damaged company’s construction site, and the victimized company shall be the victimized company.

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