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(영문) 대구고등법원 2016.11.11 2016누4615

소득금액변동통지등 취소

Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

2. The costs of appeal are assessed against the Defendants.

purport.

Reasons

1. Details of the disposition;

A. On January 27, 1981, the Plaintiff related to the parties is a nonprofit corporation established for the purpose of maintenance and management of A, the purpose of promoting and developing the business of modernization of occupant enterprises pursuant to Article 31 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “former Industrial Placement and Factory Establishment Act”), and B is a person who worked as the president from March 30, 1992 to August 24, 2009.

B. A criminal judgment 1) B on September 29, 201, which was indicted on April 26, 201 on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) committed while serving as the president of the Plaintiff, and was sentenced to a judgment of conviction of four years of imprisonment (Seoul District Court Branch Branch Decision 2011No. 64, 201). The main point of the criminal facts related to the instant case is as follows and 1.

A. Although there was no actual transport of the Plaintiff’s smoke from January 2001 to August 2005 by the method of paying false flexible coal transport expenses to the same developing company, etc., the Plaintiff’s funds amounting to 1,558,617,265 won by preparing a written disbursement resolution, etc. as if he transported smoke.

B. As if the method of overappropriating the waste coal transport cost of the water supply company (the telegraph of a natural park company) from November 2001 to August 2004 was transported more than the waste coal actually transported by the water supply company, the disbursement resolution, etc. was prepared and embezzlement of KRW 344,758,902 of the Plaintiff’s funds.

C. The method of excessive appropriation of the transportation cost of Triman Co., Ltd. from November 2001 to November 2008, 2008: (a) as if Samri Co., Ltd. transported a more flexible coal than that actually transported, the written disbursement resolution, etc., and (b) embezzlement of KRW 2,400,703,939 to the Plaintiff’s funds.

(a) through (c);

Transportation expenses embezzled by B for the facts constituting the crime stated in the subsection (b) are “the instant processing and transportation expenses.”