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(영문) 서울중앙지방법원 2014.03.11 2013고정6923
업무상횡령등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From October 2012 to December 28, 2012, the Defendant, as an employee of “C” in the operation of B from around October 2012 to around December 28, 2012, performed various duties, such as public relations for the said F’s broadcast contribution.

1. Around December 3, 2012, the Defendant: (a) received KRW 3,868,00 from H broadcasting stations located in Ulsan-gu G in Ulsan-gu, Ulsan-gu, and received KRW 3,868,00 as a contribution fee for DF; (b) remitted the money to the victim D; (c) the victim received monthly payment from B when he paid the service fee to the said company; (d) however, the Defendant used KRW 3,868,00,000, which was received from the broadcasting station, for the victim’s business and was not deposited in the company while he was in custody for the victim; and (e) used the money for the Defendant’

As a result, the Defendant embezzled F’s contribution fee of KRW 3,868,00 on duty for the victim.

2. On February 28, 2013, at the office located in Gangnam-gu Seoul Metropolitan Government, the Defendant told the victim Kerer of the J Broadcasting Station that he/she received a telephone call from the victim K for F in relation to F’s contribution payment, and that he/she would transfer the contribution fee to his/her own account when he/she transfers it.

However, in fact, the Defendant retired from F’s business on December 28, 2012, and thus, the Defendant did not have the right to receive F’s contribution instead of F’s payment, and even if he received the contribution from the victim, there was no intention or ability to deliver F or D.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received the remittance instead of the F 2,901,000 won to be deposited from the victim to D on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. A written statement;

1. The report of investigation (K writers and currency), the submission of a criminal investigation report, the details of account transactions by a suspect, and the amount of damage;

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