logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.12.23 2015고정627
업무상횡령
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The co-principal defendant A is a person who is employed as an employee of the FF Saemaul Fund in Kimhae-si, and was engaged in the loan-related work, and the defendant B is a person who is employed as an employee of FF Saemaul Fund and was engaged in the counter work.

On September 7, 2010, the Defendants conspired to transfer KRW 1,500,000,000, which was received from the said community credit cooperative, to the Defendant’s mother’s H account (I) in the course of performing his duties for the F Saemaul Savings Depository, and then withdrawn it for personal use.

The Defendants conspired from that time to December 30, 2010, embezzled total of KRW 3,740,000 through four times as shown in [Attachment Table Nos. 1 to 4] in the same manner as in the annexed Table Nos. 3740,00.

2. On April 20, 201, Defendant A transferred KRW 1,200,000, which was received before maturity from the said community credit cooperative around April 20, 201, to the Defendant’s mother’s account (I) during the course of performing his duties for the Victim F Saemaul Savings Depository, and then used it for his personal purpose.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Legal statement of K witness K;

1. Application of Acts and subordinate statutes to the written complaint (including attached documents);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 356, 355(1), and 30 (a) of the Criminal Act; Articles 356 and 355(1) of the Criminal Act; Articles 356 and 355(1) of the Criminal Act; the choice of fines

B. Defendant B: Articles 356, 355(1), and 30 of the Criminal Act (Selection of Fines)

2. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act; and

3. Penalty surcharge of KRW 1,000,000 to be suspended (with respect to Defendant B);

4. Articles 70(1) and 69(2) of the Criminal Act (with respect to the defendant B, 100,000 won per day) of the Criminal Act.

5. As to Defendant B of Article 59(1) of the Criminal Act of the suspended sentence, the degree of participation is the beginning offender and the degree of participation.

arrow