beta
(영문) 창원지방법원 통영지원 2019.01.30 2018고단610

업무상횡령등

Text

Defendant

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

Defendant

B The above fine.

Reasons

Punishment of the crime

[Criminal Power] On November 18, 2015, Defendant B was sentenced to imprisonment for two years with labor for a violation of the Act on the Punishment, etc. of Specific Economic Leave (Embezzlement) at the Busan High Court, and the sentence was finalized on November 26, 2016.

【Criminal Facts】

Defendant

A is an internal director of C Co., Ltd from February 8, 2010 to February 8, 2013, and this part of A from December 3, 2012 to February 8, 2013 (from December 3, 2012 to February 8, 2013) is not stated in the facts charged, but the evidence examination of the entire certificate of C Co., Ltd. has been completed, and as there is no impediment to Defendant A’s exercise of his/her right to defense, this part is added ex officio without any changes in indictment.

From August 6, 2013 to August 6, 2016, the representative director of C Co., Ltd. was operating and fund management of C Co., Ltd., and was actually operating C Co., Ltd., promoters at the time of incorporation, and promoters from December 16, 2016 to December 16, 2016.

Defendant

B is an internal director of the said C Co., Ltd. from Jun. 12, 2015 to Jan. 19, 2017, participating in the operation of C Co., Ltd as the representative director of the said C Co., Ltd. from Aug. 2, 2013 to Aug. 2, 2016.

1. As the representative director of C&C was changed to E in a hostile relationship with the Defendants, the Defendants did not have been granted the authority to attract investment from the said external organization.

Nevertheless, at around 11:00 on October 25, 2016, the Defendants prepared a “business investment contract” with the content that G invests money in the “G office” located in Gangnam-gu Seoul Metropolitan Government F in the “C” corporation, and affix the seal of the “C representative director”, which was held in advance on the side of the “Representative E B” by the representative director.

Accordingly, the Defendants conspired with C Co., Ltd. for the purpose of exercising.