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(영문) 서울동부지방법원 2014.06.12 2014고정858
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant transferred 5% of the shares of the victimized Company to D on February 13, 2013 while operating the Victim Co., Ltd. Co., Ltd., Ltd., located in Chungcheongnam-gun B, and changed the representative director to D to transfer the operating rights of the victimized Company to D.

After that, however, the defendant, at the request of D, was living at the factory of the damaged company and was in charge of production and management, and around April 25, 2013, the damaged company was kept and managed for the damaged company even after the suspension of operation.

However, on May 2013, the Defendant: (a) transferred one motor vehicle owned by the victimized company that was kept in custody by the Defendant to the “F” company that he/she operated in Chungcheongnam-gun E, along with his/her family members; (b) transferred the said company’s equipment and house to the “F” company; (c) disposed of the said company’s equipment and house around April 2013; and (d) did not return the said goods even if the Defendant was requested by D to return the said goods.

Accordingly, the Defendant embezzled the goods owned by the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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