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(영문) 대구지방법원 안동지원 2019.01.10 2018고합25

특정경제범죄가중처벌등에관한법률위반(배임)

Text

Defendant

B shall be punished by a fine of KRW 10,000,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

Defendants are married, and C is the mother of Defendant A, and D is the friendship of Defendant A.

Defendant

A’s refer E (hereinafter “the deceased”) was a single shareholder who owns 7,152 shares of shares by establishing a victim FF Co., Ltd. (hereinafter “victim”) for the purpose of manufacture, sale, improvement, etc. of alcoholic beverages on September 20, 1973.

Defendant

A served as a director of the victimized company from February 11, 1998 to February 28, 2013, and the representative director from August 11, 2016 to April 28, 2017, and is one shareholder who owns 7,152 shares of the victimized company from August 31, 2010.

C served as a director from February 11, 1998 to February 28, 2013, and D served as a representative director from January 21, 2008 to January 20, 201, and from March 13, 2014 to June 23, 2016.

Defendant

B was in office as an auditor of the victimized company from September 22, 1998 to March 13, 2014. From January 20, 2011 to March 13, 2014, and from April 28, 2017, it has been in office as the representative director of the victimized company and has been engaged in overall control over the asset management affairs of the victimized company.

Defendant

B, as the representative director of the victimized Company, kept the company funds deposited in the G Bank account (Serial H) account in the name of the victimized Company on his/her business for the victimized Company. On August 4, 2011, the J demanded the return of the deposit money from the J who leased the 1st floor store of the building I located in the I at the same time as he/she owned by the Deceased on August 4, 201, and voluntarily withdrawn KRW 18 million from the said account and paid it to the J.

Accordingly, Defendant B embezzled the property of the victimized company.

Summary of Evidence

1. Defendant B’s partial statement

1. Partial statement of witness D;

1. A certificate of the whole matters to be registered (number 2), a written judgment (number 17), and a statement of the change of stocks (number 50);

1. Application of Acts and subordinate statutes on deposit and remittance certificates of passbooks without passbooks: Two copies, real estate lease contract, loan certificate, and copy of passbooks;

1. Article 356 of the Criminal Act applicable to the crime and the choice of punishment (Defendant B)

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