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(영문) 서울북부지방법원 2018.02.08 2017고단2189

업무상횡령

Text

Defendant

A Imprisonment for one year, Defendant B shall be punished by a fine of 2,00,000 won, and Defendant D shall be punished by imprisonment for six months.

Defendant .

Reasons

Punishment of the crime

Defendant

A as the former representative director of E (hereinafter referred to as “E”) of E (hereinafter referred to as “E”), a person who, around February 2006, established the above company for the purpose of electrical construction business, manufacture and sale of signal communications equipment, CCTV manufacture and installation work, system integration management, etc., served as E’s representative director from July 201 to September 13, 201 after listing the KOSDAQ market on the KOSDAQ market. Since then until April 1, 2015, E’s in-house director exercised de facto management right as the largest shareholder, and sells management right through stock sale around February 25, 2015.

Defendant

B as the head of the headquarters of E’s business, while serving as the vice president from (ju) F, he left his job to E around September 14, 2009, and served as the representative director following Defendant A from September 13, 2012 to March 25, 2014, and thereafter, he was working as the head of the headquarters of E from May 2015 and returned back to the head of the headquarters of E.

Defendant

D as the head of the E's business planning team, a person who is (State) from F to E on August 1, 2012 and works for the said company.

1. On August 2009, Defendant A (the crime of Defendant A) shall account as if he had H, the partner company established under the name of Defendant A, his relative H, employed Defendant A as the victim company’s false staff (state) and then had H, the director of Defendant A, the director of Defendant A, employed the victim company as the victim company’s false staff, and then transferred money under the name of the J (state) from the corporation account to the account under the name of J, with intent to raise funds by immediately withdrawing the money from the (state) corporation account, and around the 25th day of the same month, around 2009, around 2000 won transferred from J’s corporate account to the account under the name of J (state) to the total amount of money raised from the victim company’s own expense to the victim company’s funds at will, and around 20 days from 40 days from 20 days from 25th day of the same month to 4 days from 20 days from 20 days from 20th day of the same month.