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(영문) 청주지방법원 2015.01.29 2014고단783
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From April 201 to August 2012, the Defendant introduced that, while working as a branch office of Algerz Life H in Gangnam-gu Seoul Metropolitan Government from around April 201 to around August 2012, the Defendant would be able to receive 2.5% profits each month if the Defendant invested in the lending company of J Co., Ltd. to its employees, including victims C and I, and that employees would be able to receive 2.5% profits each month from the said lending company from investors recruited to the Defendant’s account and re-transfer the funds to the said lending company, and the said lending company received profits from the said lending company and received profits from the investment funds from the said lending company to the investors at will.

around December 6, 2011, the Defendant, while receiving KRW 20 million from the victim I to the company bank account in the name of the Defendant from the victim, returned the amount of KRW 4 million to K on the same day, and returned only KRW 15 million to the account under the name of the representative director of J representative director on December 7, 2011. At the same time, the Defendant embezzled the remainder of KRW 1 million by arbitrarily consuming it as oil and living expenses, etc. from around nine times until April 2012, and embezzled each amount of KRW 93 million from among the investment funds remitted by the victims on nine occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the suspect interrogation records of the defendant by prosecution;

1. Statement by the prosecution against C;

1. Statement to the prosecution of I;

1. Each police statement of C;

1. A copy of the notarial deed of each monetary loan for consumption (Evidence Nos. 6, 8, 9, 11, 13, and 15), certificate of deposit (I), certificate of deposit (Evidence No. 5), details of transfer (C and evidence No. 5), account transaction (F), receipt (D), certificate of deposit (M), copy of passbook (N), certificate of deposit (C), certificate of deposit (C), certificate of deposit (J) and investigation report (the amount of money remitted by A to L out of the investment funds received by A to victims).

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