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(영문) 대전지방법원 홍성지원 2019.02.20 2018고단895
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from August 24, 2016 to March 6, 2018, served as an accounting employee of the victim C, each of which he/she operated, D, E, and F, Co., Ltd., Ltd., Ltd., and engaged in the business of managing funds by keeping six accounts of the above D, representative director G, and “I” business operator J, the business place of F, and “I” business place of the above D, while keeping six accounts of the above company, including H and K.

Around September 4, 2017, while keeping the H account in the name of the above G, the Defendant released KRW 1.690,000 from the N Cooperative Mountain Branch in Chungcheongnam-nam Budget M and used it as living expenses, etc. around that time. From February 27, 2017 to February 9, 2018, the Defendant voluntarily withdrawn cash from the H account in the name of G (L) and H account in the name of J (O) as shown in attached Table 1, and used it as living expenses, repayment of debts, etc., as indicated in attached Table 2, 3, 4, and 5, and deposited the victim’s money in the name of the J account (P), H account in the name of H account (P), D (R), H account in the name of H account, and H account in the name of H (S), and deposited it into the above account in the name of the Defendant T (UV) account in the name of the relevant post office (V) and then deposited it into the above account in the name of the Defendant TF account.

Accordingly, the Defendant embezzled the total amount of KRW 149,800,810, which is the victim's possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Full certificate of matters to be registered (E), full certificate of matters to be registered (D), full certificate of matters to be registered (F);

1. Three copies of the details of T transactions to be submitted by suspects (A), V banks to be submitted by suspects (A), six copies of the transactions, and three copies of the transactions;

1. The report of investigation (as to the use of the amount of damage)

1. Investigation reports (revision of the amount of damage) and application of Acts and subordinate statutes to investigation reports (victim C telephone communications);

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1.Each.

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