logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.08 2019고정2462
업무상횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant established D Co., Ltd. (hereinafter “victim”) with B and C around February 8, 2018, and thereafter held office as the representative director of the said company from July 30, 2018 and held overall control over the business of the said company, including the progress of construction and the settlement of construction price.

Around November 2017, the Defendant purchased F in E at the Government-Si of Ma and decided to open D private house after the construction work. C is in charge of raising the purchase fund and construction cost, B is in charge of collecting service-in braille, Defendant is in charge of progress of construction work and construction cost, and the Defendant is in charge of private house or construction cost, and the private house or construction cost is in preference to the amount raised by C and the down payment and deposit money in braille for private house or service-in-house.

On February 14, 2018, the Defendant transferred 5 million won to the I Bank account (Account Number: J) in the name of the Defendant’s wife while he/she kept corporate funds for the damaged company, such as down payment in the above private letter or in braille, which was deposited in the post office account (Account Number: G) in the name of the Defendant, and used arbitrarily for personal purposes such as living expenses, etc. through cash withdrawal around that time.

In addition, from that time until August 12, 2018, the Defendant embezzled corporate funds deposited in the above post office account and the K account (Account Number L) in the name of the victimized company, as shown in the attached Table of Crimes List, using them for personal purposes, such as total of 11,1150,000 won, in total, for the sake of the victimized company.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the prosecution and the police interrogation of the accused (including B and M substitute);

1. Each police statement of M and C;

1. A written statement, B, and

1. A complaint, a statement of withdrawal or transfer, an additional complaint, a written reply to the complaint, a letter of defence, a letter of signature on the operation of a letter of defence and a copy of a share agreement, and

arrow