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(영문) 광주지방법원 2015.11.12 2015고단2509
업무상횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000 (per million).

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant operated a facility management company with the trade name "D" in the Dong-gu Gwangju Metropolitan City Ctel 912, and was engaged in the business of maintaining the above officetels from April 1, 2008 to December 31, 2010 under a contract with the victim of the above officetel occupant.

On November 5, 2009, the Defendant, from November 1, 2000 to November 5, 2000, filed a claim for the payment of the common electricity charges that the above company used while installing and operating telecommunications equipment to the above officetel, and was transferred from the above company to the account in the name of the Defendant Gwangju Bank on November 18, 2009, and used for personal purposes, such as living expenses, etc., for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the prosecutor and the police accused;

1. Police's respective E, F, G, and H:

1. The complainant, the notice of the resolution of the general meeting of the 2013 general meeting, the notice of the result of the general meeting of the general meeting, the request for the refund of electric utility charges for telecommunications equipment, and the investigation report (Evidence Nos. 2, 3, 4, 6, 45) on electric utility charges (Evidence Nos. 2, 4.2 million won at the time of the instant case, and the Defendant was aware of the fact that 4.2 million won was deposited in his account before May 201

① However, the account in which the said money was deposited is not an account in the name of a corporation operated by the Defendant, but an account in the name of an individual; ② On November 26, 2009, when the said 4.2 million won was deposited into the said account, the electric charges, etc. have been continuously deposited from the KRD on the said account, and the electricity charges, management fees, etc. have been settled. ③ On August 11, 2009, the instant 4.2 million won was close after the Defendant sent a public notice demanding the payment of the past electricity charges of 4.2 million won.

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