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(영문) 의정부지방법원 고양지원 2013.10.17 2013고단1071
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2001 to February 201, worked as the secretary of the “D judicial scrivener office” operated by the victim D with the second floor of the Seongdong-gu Seoul Building C, Gyeyang-gu, Seoul, and was engaged in the management of funds, management of employees, etc.

The victim notified the defendant of the Internet banking certificate, password, etc. of the new bank account in the name of the victim so that the defendant can use the bank deposit for the purpose necessary for his/her business.

1. On September 30, 2010, the Defendant embezzled, at the above certified judicial scrivener office’s office, the Defendant: (a) “I transfer money from the new bank account in Korea, which is in need of money, to the head of Tong; and (b) I would deposit money up to October 15, 201; and (c) I would arbitrarily transfer KRW 30 million from the new bank account in the name of the victim under his/her business custody to the new bank account in the name of the Defendant.”

2. On October 8, 2010, the Defendant embezzled the Defendant’s embezzlement by having the Defendant transfer KRW 20 million to a new bank account in the name of the Defendant from the new bank account in the name of the victim in his/her business to the new bank account in the name of the Defendant, on the following grounds: (a) he/she stated that “I would transfer money from the new bank account in his/her internal amount to the new bank account in his/her name; and (b) I would like to pay money for the real estate deposit until October 25, 201.”

3. On October 31, 2010, the Defendant embezzled by arbitrarily transferring KRW 10 million from a new bank account under the name of the victim in his/her business, to a new bank account under the name of the Defendant, using a computer, at the above certified judicial scrivener office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the protocol of prosecutorial statement concerning D;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense (or, collectively, the choice of imprisonment);

1. Article 62 of the Criminal Act:

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