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(영문) 부산지방법원 동부지원 2017.07.13 2016고단2428

업무상횡령

Text

Defendant

A, B, and C shall be punished by imprisonment for one year and six months, and by imprisonment for eight months, respectively.

except that this judgment.

Reasons

Punishment of the crime

[Basic Facts] N Co., Ltd. (hereinafter “instant company”) was established on February 25, 2004 for the management and operation of a hotel and a container, as a corporation operating a P hotel located in Busan Maritime Daegu O (hereinafter “P hotel”).

Defendant

A, on June 9, 2016, the largest shareholder of the corporation of this case, retired from office as the Chairperson.

As such, Defendant B, at the long-term maturity of A, served as the representative director of the instant company from August 2, 2006 to May 18, 2016; Defendant C, as the dynamics of A, from August 5, 2008 to June 9, 2016; Defendant D, as the managing director of the instant company from November 6, 2008 to June 8, 2016; and Defendant D, respectively, as the representative director from June 9, 2016 to June 8, 2016.

P hotel shall be operated by QP corporation, constructed by RR corporation and completed on April 26, 2007, and the first underground floor of the 21st P hotel building shall be stimul, but from the second to the fourth underground floor, the second underground floor shall be used as a parking lot, the first to the fourth underground floor, and the second to the 21st underground floor as a guest room, respectively, and from the fifth to the 20th underground;

A total floor area of 4,786.9 square meters consists of general accommodation facilities, sports facilities, etc.

P Hotel's "P hotel management unit", an unincorporated association, which is an unincorporated association among the separate owners whose individual hotel rooms have been registered in lots, shall be paid 8% of the amount of investment (as between May 2007 and the first three years, the amount of investment (as between the first three years), and then the profits excluding the operating expenses of the hotel shall be jointly distributed to the divided owners. ② The hotel operation shall be entrusted to the company designated by the executor.

The contents of the "Act" entered into an entrustment contract for management, and subsequent Q&A entrusted P hotel operation rights to the instant company.

On January 27, 2011, the company of this case continues to have business difficulties due to the failure to pay earnings to the sectional owners, and Defendant A and Defendant B sell company membership rights.