logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.04.19 2012고합486
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to a suspended sentence of three years and six months in Seoul High Court on June 15, 2007, for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the same year.

9.6 The judgment became final and conclusive.

【Criminal Facts】

The Defendant is the actual manager of the Victim E Co., Ltd. (F., Apr. 27, 2007) operated for the purpose of issuing, selling, and settling electronic currency using an IC card from Jun. 2003 to Jan. 2007, who was in charge of overall management such as fund management of the said company.

On April 4, 2006, the Defendant embezzled funds of KRW 15 million from the victim company located in Geumcheon-gu Seoul Metropolitan Government (H and I) at the office of the victim company located in Geumcheon-gu, Seoul, for the victim company, while being kept in the course of business for the victim company.

In addition, from that time to October 31, 2006, the Defendant embezzled KRW 89,339,055 in total for nine times, such as repayment of debt, living expenses, attorney appointment expenses, etc. of the victim company, as set forth in [Attachment Table Nos. 5,9,10,12, and 17] among the period from that time to that of October 31, 2006.

Summary of Evidence

1. Legal statement of K witness K;

1. The defendant's partial statement in the first protocol of trial;

1. The entry of witnesses and M in the second trial records;

1. Statement of witness N in the fourth protocol of the trial;

1. The Director of each Business Party (Evidence No. 34,52), each certificate of deposit (Evidence No. 35,37,40,41,42,46,47) and each certificate of deposit (Evidence No. 35, 37, 40, 41, 42, 46, and 47), the details of deposit and withdrawal transactions (Evidence No. 39), and the issuance money table

1. Previous records: Application of criminal records and investigation reports (Attachment to attached criminal records) and statutes;

1. Article 356 of the Criminal Act applicable to the relevant criminal facts and Articles 356 and 355 (1) of the Criminal Act (generally and collectively, selection of fines);

2. The crimes of the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act and the judgment becomes final and conclusive.

arrow