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(영문) 부산지방법원 동부지원 2016.01.22 2014고합236
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, the Defendant is acquitted.

Reasons

Punishment of the crime

On February 4, 2008, the Defendant, a representative director of F Co., Ltd. (hereinafter referred to as “F”) established for the purpose of real estate sale and lease business (hereinafter referred to as “F”), took overall control of the entire business of the company, including financial affairs, on April 30, 2015 (the suspension of performance of duties by ruling No. 2015 Cahap 1001). On June 28, 2011, the Defendant, a representative director (the director of the company after June 28, 2014), who was established for the purpose of educational service business, was in charge of all business of private teaching institutes, including financial affairs.

1. F-related crimes;

A. From November 5, 2010 to November 30, 2012, the Defendant embezzled 37,650,000 won through 26 times from November 5, 2010 to November 30, 2012 by withdrawing from the new bank passbook (J) in the name of the victim F office of the above company, which was under the custody of the victim F office of the company in Busan Nam-gu Seoul Metropolitan City, the Defendant embezzled 1,50,00 won for the use of the I Institute’s rent for the purpose of using the I Institute’s rent.

2) On July 6, 2010, the Defendant embezzled KRW 51,482,00 through 51 times from July 6, 2010 to October 10, 2014 by withdrawing KRW 51,482,00 through 51 times from July 6, 2010 to October 1, 2014, for the purpose of cleaning expenses operated by the Defendant at a new bank passbook (J) under the name of the Defendant in the name of the victim F Office of the said company (J) in the name of the said corporation.

3) From April 28, 2008 to September 1, 2008, the Defendant arbitrarily released KRW 14,850,500 for the use of the deposit money for the K Broadcasting Facility in the name of the Defendant at the new bank passbook (J) located in the name of the Defendant in the name of the victim F office located in the Nam-gu Busan metropolitan store G 201, Busan, and the Defendant distributed KRW 310,417,545 won over 17 times from April 28, 2008 to September 1, 2008, as shown in the list of crimes in the attached Table (3).

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