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(영문) 수원지방법원 성남지원 2014.10.16 2013고단3089

상법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who had established the victim dispute resolution committee and worked as representative director until February 7, 2013.

On January 20, 2012, the Defendant borrowed KRW 460,000 from the above bank in the name of the Co., Ltd. and used it for personal use in the office of the Co., Ltd. for the purpose of personal use in the office of the Co., Ltd., the Defendant suffered property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police statement law to D;

1. Article 622(1) of the Commercial Act, Article 622(1) of the Act on the Punishment of Criminal Crimes, and Article 622(1) of the Act on the Punishment, etc. of Specific Crimes appears to have reached KRW 300,000 of the outstanding principal out of the loans that the defendant has received in the name of the victim company, and the creditor of the defendant is expected to make a provisional attachment of the victim company shares

In fact, the Defendant was the Defendant Company, which was actually one of the Defendant Company, and the Defendant used for the said Company while operating the said Company, but failed to account as the representative director’s provisional payment, and thus, the amount that the Defendant used for the Defendant’s loan in the name of the Victim Company is merely a repayment of the above provisional payment. However, even if the Defendant used for the Company and did not account for the Company, the said amount was already reflected in the appraisal of the value of the shares of the Victim Company.

(158 pages) It shall be deemed to be an investigation record.

As such, in addition to the circumstances unfavorable to the defendant, the punishment is determined as per Disposition by taking into account the favorable circumstances in which the defendant led to a confession.