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(영문) 제주지방법원 2016.05.26 2016고정156
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is an operator of the “D Museum” that exhibits and watches free craft goods in Seogpo City C.

Defendant

On November 25, 2014, the D Museum was selected as a subsidized project operator of the “E (10,000,000 won for non-business subsidies, 1,552,000 won for self-governing projects, and the project period from December 4, 2014 to December 31, 2014)” under the supervision of the Jeju Special Self-Governing Province for Victims, and was transferred from the Jeju Special Self-Governing Province to the exclusive account for subsidies from Jeju Bank under the name of the Defendant on December 10, 2014.

Defendant 1 received false tax invoices upon request from the trading company even though he did not purchase the materials necessary for the above subsidized project, and received the above subsidies from the trading company as the price for the materials, and immediately received the difference between the value-added tax and the price for the materials remitted from the trading company, and received the difference from the said trading company to his account in the name of his wife G, and received the specified subsidy from the Jeju Special Self-Governing Province to be used

Around December 11, 2014, the Defendant received false tax invoice as if he purchased glass containers equivalent to KRW 2,100,000,000, regardless of the purchase of glass containers from H’s representative I at the D Museum, and paid KRW 2,100,000, which was in custody in the above I’s Busan Bank subsidies exclusive account under the name of the Defendant, as the price for materials, after deducting KRW 1,908,90,000, which was deducted from value-added tax from the above I’s Busan Bank account (Account Number J) as the price for materials, and then embezzled KRW 1,90,000, which was then used as office operating expenses of the Defendant’s wife G account (Account Number K) and embezzled it at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L/M;

1. Mutical writing;

1. Investigation reports (to be accompanied by additional data, such as public invitation for E business), investigation reports (E business applications, etc.);

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