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(영문) 창원지방법원 통영지원 2017.10.19 2017고합51
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From August 25, 2009 to March 15, 2016, the Defendant changed the name of the victim D Co., Ltd., Ltd., Ltd., Ltd. (hereinafter “Co., Ltd.”) located in Gyeongnam-si, Gyeongnam-si, from May 4, 2010 to “E”.

As a public account (hereinafter referred to as “D”), a person who manages the revenue and expenditure of the said company’s funds.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement);

A. On March 9, 2010, the Defendant arbitrarily transferred the amount deposited in the Agricultural Cooperative Account (F and nominal G) account of the victim company to the Agricultural Cooperative Account (F and nominal G) account in the above D office for the said company and embezzled the amount of KRW 1,000,000 for personal use from around that time to February 15, 2016, and then arbitrarily transferred the amount of KRW 578,209,558 in total over 871 times from that time to February 15, 2016 to the Defendant’s account in the name of the Defendant, and embezzled it for personal use.

B. Around April 3, 2013, the Defendant, at the foregoing D office, embezzled the amount of money deposited in the victim’s ordinary account (H and nominal owner I) on behalf of the said D office by settling the amount of money deposited in the said account from the Internet website’s “J” to the money deposited in the said account, as well as by buying the personal goods of KRW 56,338, the amount of money deposited in the said account from around that time to December 29, 2015, including by purchasing personal goods of KRW 7,706,348, total sum of KRW 18,000, such as the daily list of crimes (2).

(c)

around January 4, 2013, the Defendant embezzlement of company funds: (a) around 1-B around January 4, 2013; (b) 540,000 won was arbitrarily withdrawn and consumed for personal purposes while keeping the funds deposited in the company’s account for the said company; and (b) around that time, from around October 29, 2015, 82 times, such as the daily list of crimes (3).

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