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(영문) 서울동부지방법원 2016.09.12 2015고합330
사기등
Text

Defendant

A Imprisonment of two years and six months, Defendant B's imprisonment of one year, Defendant C's imprisonment of ten months, and Defendant D.

Reasons

Criminal facts

[2015 Gohap 330] Defendant A is the head of U’s marketing headquarters, Defendant B’s head of U’s management support headquarters, Defendant C’s head of U’s secretariat, Defendant D’s actual operator of Co., Ltd. V (hereinafter “V”), Defendant E’s representative of W Co., Ltd. (hereinafter “W”), and Defendant D and E received a contract for the supply of goods or construction from U.S.

1. On July 2015, Defendant A: (a) was the representative Y of X (hereinafter “X”); and (b) did not intend that U would supply the CCTV ledger materials in an amount equivalent to KRW 31,300,000 from X, Defendant A received a false tax invoice as if X was supplied with the CCTV ledger materials; and (c) received money 31,300,000,000 won from the T Association’s funds from X and conspired to use them for personal use by Defendant.

On July 30, 2015, the Defendant: (a) prepared a false statement of expenditure from X to purchase CCTV ledger materials equivalent to KRW 31,300,000 in U office located in the Seoul Special Metropolitan City Gwangjin-gu; (b) obtained the approval of U representative AA from X; (c) received a false tax invoice from X to supply the CCTV ledger materials; (d) remitted KRW 31,300,000 from T Association’s funds to the X account around August 11, 2015; and (e) around August 24, 2015, the Defendant received a return of KRW 20,000 in cash, excluding value added from KRW 31,30,000,000 from the Defendant’s vehicle parked in the restaurant located in the neighboring restaurant of the Seoul Special Metropolitan City Gwangjin-gu, the Defendant received the return from Y in the Defendant’s vehicle located in the above 31,30,000 won.

Accordingly, the Defendant embezzled KRW 31,300,000 from June 25, 2013 to September 8, 2015, including embezzlement of KRW 31,30,00 of the funds of the Victim Telecommunication Association, which had been in his/her business custody, and embezzled the sum of KRW 859,819,163 from June 25, 2013 to September 8, 2015 of the attached crime list 1.

2. Defendant B and C are U representative A and C.

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