logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.06 2016고합506
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

Defendant

B KRW 740,610,000.

Reasons

Punishment of the crime

To the extent that it is deemed that there is no substantial impediment to the exercise of the accused’s right of defense, the charges were partially revised and recognized as criminal facts.

Defendant

A is the representative director of G Co., Ltd. (hereinafter referred to as “G”) established for the purpose of manufacturing and selling electronic components, and Defendant B is an employee of the business headquarters of H Co., Ltd. (hereinafter referred to as “H”) who was in charge of allocating the quantity of supply to the subcontractor.

1. Defendant A

A. Since January 2013, the Defendant was engaged in a hostile management with a larger credit purchase amount than the credit sales amount, and the Defendant was forced to pay credit purchase amount and employees’ benefits with bank loans in order to avoid G’s default. As of December 2013, the Defendant was obligated to pay excessive financial obligations equivalent to KRW 3.7 billion as of December 2013, and the Defendant was obligated to pay excessive financial obligations equivalent to KRW 2,165,746,453.

Moreover, since from January 2014, the supply price was reduced due to the large width from H, which has been 90% or more of G sales, and the large width was increased, and the supply price was caused by the situation where it was difficult to obtain a loan from financial rights, and the failure to pay G was anticipated. Therefore, even if the service was provided by a clinical processing company or the raw materials were supplied by the raw materials company, there was no intention or ability to pay the service price or the price of the raw materials within the agreed period.

Nevertheless, in February 2014, the Defendant made a false statement to the effect that “The Defendant will settle the amount of service without a molding three months after settling it each month at the time of executing a circuit inspection on the semi-finished circuit board (FPCB), a semi-finished product of the printed circuit board (FPCB),” in G located in Nam-gu Incheon Metropolitan City, Seoul.

The defendant deceivings the victim and is under his control.

arrow