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(영문) 부산지방법원 2014.07.17 2014고단25
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is the representative of the victim (E) who has a place of business in Busan Dongdong-gu D and operates approximately 17 branch vehicles.

The Defendant, while keeping a corporate passbook and an employee, died entirely from the management of the victim’s corporate fund while managing the corporate fund. On March 201, 201, the Defendant was engaged directly in the management of the funds in custody of the victim’s corporate fund.

1. On March 10, 201, while managing and keeping the funds of the victim company, the Defendant, as seen above, instructed the victim company’s accounting G to transfer one million won from the victim company’s corporate account (025-13-00421-7) to its own Busan bank account (H) and used it for personal purposes.

From that time until June 3, 2013, the Defendant embezzled the total amount of KRW 128,317,000 of the company funds owned by the victim from the corporate account to the Defendant’s personal account by using the personal purpose, such as directly withdrawing the total amount of KRW 128,317,00 from the corporate account or remitting it to the Defendant’s personal account.

2. On August 23, 2011, the Defendant, while managing and keeping the funds of the victim company, made one copy of the Busan Bank Corporation Card of the victim company to facilitate the use of the funds owned by the victim company.

On March 8, 2012, the Defendant used the card for personal use at “I cafeteria” located in the Gyeongnam Changwon.

From that time until June 7, 2013, the Defendant embezzled KRW 15,876,280 in total for personal purposes, such as entertainment expenses, etc., 216 times, as indicated in the attached Form “The details of Illegal Use of the A Juristic Card”.

As a result, while the defendant was engaged in the fund management business of the victim by the representative of the victim(E), he embezzled the total amount of KRW 144,193,280 for personal purposes.

Summary of Evidence

1. The defendant's legal statement;

1. The defendant;

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