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(영문) 수원지방법원 성남지원 2014.09.04 2014고단1394
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

The Defendant, from December 5, 201 to March 3, 2014, worked as accounting staff of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) from around December 5, 201 to around March 3, 2014, was a person in charge of overall management of the Victim Co., Ltd’s funds and corporation cards.

1. Occupational embezzlement;

A. On April 9, 2012, the Defendant arbitrarily transferred the amount of KRW 4,200,000 of the funds of the victim company from the corporate bank account (F) in the name of the victim company to the corporate bank account (G) in the name of the defendant in the name of the victim company, and then embezzled the amount of KRW 362,176,098 of the victim company’s funds from two corporate bank accounts in the name of the victim company by the same method until February 26, 2014 in the same manner as shown in the attached list of crimes (1) by the same method, such as the defendant and H, to each bank account in the name of the victim company, including the defendant and H, on 97 occasions in total.

B. On January 15, 2012, the Defendant arbitrarily deposited KRW 700,000,000 of the funds of the victim company in his/her custody into the corporate bank account under the name of the Defendant, and thereafter deposited the total amount of KRW 41,050,000 of the funds of the victim company into the corporate bank account under the name of the Defendant through the same method until January 8, 2014 in the same manner as the attached crime list (2) in the same manner, and embezzled it by using it for personal purposes, such as living expenses.

2. On October 5, 2013, the Defendant in breach of occupational duty, as a manager of the corporate card (corporateBC card, and ourBC card) of the victim company, paid local tax of KRW 111,670 to be paid by the Defendant with the above corporateBC card, from that time to February 20, 2014, the Defendant purchased personal goods or received services in total of 7,405,680 won by the same method as indicated in the list of crimes (3) in the same manner, and then received services.

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