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(영문) 서울중앙지방법원 2018.09.13 2018고단1902
주식회사의외부감사에관한법률위반
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person in charge of the accounting affairs of the company while serving as the head of the accounting information team at B Co., Ltd. (former trade name: C Co., Ltd.) from January 2009 to September 2013.

The Defendant: (a) instructed D, who is an employee of the accounting information team of the company, to operate an accounting information system (hereinafter referred to as “ERP system”) in order to excessively pack the company’s profits; and (b) ordered D, who is an employee of the accounting information team of the company, to reduce the cost of piling off the inventory assets; and (c) D, in collusion with the Defendant and D to prepare and disclose false financial statements by inserting false financial statements in accordance with the instructions, such as entering false statements in the EPR system; and (d) prepared and publicly announced false financial statements in violation

1. In collusion with D, the Defendant: (a) around January 3, 2011, prepared the 41 financial statements in collusion with D; (b) around March 3, 201 through the ERP system to audit the settlement of accounts in the year 2010 of Seongdong-gu Seoul building; (c) prepared the false financial statements in a way that, as if the aforementioned company had raw materials and re-processed goods not owned by it, the amount equivalent to KRW 9.845 billion in inventory assets is over-incept; and (d) prepared the false financial statements through the electronic disclosure system of the Financial Supervisory Service on March 31, 2011 through the electronic disclosure system of the Financial Supervisory Service.

2. In collusion with D on January 3, 2012, the Defendant: (a) drafted the 42 financial statements for the audit of the settlement of accounts of the said company at the office of the said company B around 2011 through the ERP system; (b) stated as if the said company owns the amount equivalent to KRW 16.32 billion for raw materials, re-processed goods, semi-finished goods, and stored goods not owned by the said company, and the amount equivalent to KRW 16.32 billion for inventory assets; and (c) prepares false financial statements by appropriating the amount equivalent to KRW 2.3 million for unpaid expenses in excess of KRW 23 billion for the purpose of 23 billion for the said company on March 30, 2012, through the electronic public disclosure system of the Financial Supervisory Service on March 30, 2012.

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