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(영문) 의정부지방법원 2016.10.06 2016고단2990
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant, from March 25, 2008, was the representative director of E Co., Ltd. who is the victim in Namyang-si D from March 25, 2008 and has been engaged in overall control over the operation and execution of the above company.

The defendant pretended to pay the price for the supply of agricultural products to F, the customer, who remitted the funds of the victim to G AF account under the name of the defendant management, and again remitted the funds to the personal account of the defendant to the personal account of the defendant for personal use.

On October 14, 2014, at the victim company office located in Songpa-gu Seoul Metropolitan Government H, the Defendant transferred KRW 10 million to the agricultural bank account in the name of the victim and kept in business for the victim company, which was managed by the Defendant, to the agricultural bank account in the name of G managed by the Defendant, and then arbitrarily consumed it for personal purposes after remitting it to the post office account in the name of the Defendant.

In addition, from around that time to February 15, 2016, the Defendant arbitrarily consumed a total of KRW 260,290,000,000, which was an occupational storage on 23 occasions, as shown in the separate crime list, and embezzled it for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Statement of each police statement concerning I;

1. Investigation report (Analysis of suspect A embezzlement amount);

1. Business registration certificate, certified transcript of corporate register and list of shareholders, copy of transaction books, and details of transactions with G;

1. A detailed statement of transactions in Korean banks, such as a statement of transactions in post offices, and a statement of transactions in the accounts of agricultural cooperatives and one bank, and a detailed statement of transactions in post offices;

1. The transaction ledger by transaction partner;

1. A specification of transactions, specification of transactions, etc.;

1. Standard invoice; and

1. Data on the details of purchase, in 2014;

1. An apartment sales contract;

1. Application of Acts and subordinate statutes governing cash cards photographs;

1. The grounds for sentencing under Articles 356 and 355 of the Criminal Act (Optional to Imprisonment) (Scope of Recommendation) (Article 356 and Article 355 of the Criminal Act, inclusive, shall be 100 million won.

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