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(영문) 울산지방법원 2013.10.15 2010고단1068
횡령등
Text

Defendant

A Imprisonment for five years, Defendant B's imprisonment for eight months, Defendant C's imprisonment for two years, and Defendant D for eight months.

Reasons

Punishment of the crime

Defendant A, the representative director of P Co., Ltd., the victim Q, the actual manager of R Hospital at present, and the victim S as the representative director of P Co., Ltd., and Q Q as the victim U is the victim U as the representative director of P Co., Ltd.

1. On February 7, 2007, the Defendant reported the false lien and collected the amount equivalent to the reported claim amount or failed to participate in the auction so as to decline the auction price, with respect to W and X land and Y hotel on which P and P corporation owned one-half shares, respectively, and the Defendant thought that he will be awarded the bid by using the Defendant’s surrounding name.

The Defendant, who became aware of as a construction business operator, did not recover the claim for the construction cost after the Defendant had been performing remodeling works for a Y hotel, but did not claim the right of retention in the name of the Defendant, made false statements to the effect that it is difficult to claim the right of retention in the name of the Defendant, and tried to recover the construction cost by reporting the right of retention under the name of AA, and attempted to report the right of retention using the name of AA to recover the construction cost. AA, who believed the Defendant’s horse, accepted the report of the right of retention in the name of AA, even though there was no fact

On December 18, 2007, the Defendant made a false report to the effect that AA exercises a lien on the above hotel in order to obtain the claim for construction cost of KRW 2 billion, by submitting a report on the right under the name of AA, construction standard contract, business registration certificate, quotation, construction drawings, etc. prepared by the Defendant in the Ulsan District Court Z auction procedure at the Ulsan District Court, Ulsan District Court Z, Ulsan District Court 2007, and thereby doing so through fraudulent means.

2. Embezzlement;

A. On January 20, 2009, the Defendant, during the custody of Q’s new bank account, was deposited with the Defendant’s loans from the Defendant Q Q’s nine-story Office of Ulsan-gu RB Hospital.

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