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(영문) 수원지방법원 2020.05.21 2020고정342

자동차관리법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C(hereinafter referred to as “C”) who is a motor vehicle industrial company in Yeongdeungpo-gu, Suwon-gu.

1. While the Defendant kept the proceeds, etc. deposited in the accounts in the name of the above state (State)C, in order to secure the company operating expenses, such as the fee for arranging the accidents paid by the said company to towing articles, the Defendant: (a) did not actually have been employed as an employee in charge of the above state (State)C A/S; (b) made documents to enter the said company from May 2015 to use the money in the name of the benefits for deposit into the accounts in the name of D and arbitrarily.

Thus, around June 10, 2015, the Defendant embezzled the company’s funds under custody in the course of business by arbitrarily transferring KRW 73,162,265, as shown in the separate sheet of crime from June 10, 2015 to September 8, 2017, including arbitrarily transferring KRW 2,302,890 from the E bank account (F) under the name of the State to the E Bank account (G) in the name of the said D, as well as arbitrarily transferring KRW 73,162,265, as described in the separate sheet of crime from June 10 to September 2017.

2. An automobile maintenance business operator who is a motor vehicle management business operator violating the Motor Vehicle Management Act shall not receive illicit money and valuables related to the relevant business or do other illicit acts;

Nevertheless, the Defendant received a total of KRW 16,102,733 from the Defendant’s company to the towing engineer who suffered an accident vehicle for the purpose of gaining profits by receiving a large number of vehicles involved in the accident, and received unjust money and valuables in relation to the Defendant’s automobile maintenance business by paying KRW 16,102,73 in the name of brokerage fees for the total amount of 67 vehicles involved in the accident to the towing engineer, who suffered an accident from the Defendant’s company, such as the detailed statement on the payment of travel expenses, from August 4, 2017 to October 30, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. I and J.

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