beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the victims' contributions are stipulated for the purpose and purpose of securing the share of a limited liability company C, and the contributions should not be arbitrarily used if the procedures for employee registration through securing shares are not completed. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.
2. Determination:
A. The summary of the facts charged is that the Defendant, as the representative director of the limited liability company C in the Gunsan City B, has been engaged in overall management of the funds of the said corporation.
When the operating funds of the above corporation are insufficient, the Defendant sought ways to resolve the shortage of funds by receiving government subsidies or by creating and operating factories operated by the corporation by increasing the capital of the above corporation. Despite the opposition of some of the shareholders of the above corporation, the Defendant had attempted to raise victims D, E, and F as shareholders of the corporation and receive their investments from them on April 2016.
Therefore, the Defendant demanded that “the victim D shall be entitled to the registration of the party as a shareholder of the said corporation,” and around that time, transferred KRW 100 million under the name of the said corporation’s G Union account (H) from that time to the victim E at the same place on the same day, and received transfer of KRW 90 million under the name of the said account to the victim E at the same time. On May 4, 2016, the Defendant received a remittance of KRW 50 million from the victim F to the said account for the same purpose, stating to the same effect, around May 21, 2016, by returning KRW 10 million from that date to the said account. Accordingly, the Defendant received a remittance of KRW 40 million in total, from the victim F around May 21, 2016.
The Defendant, as above, has been in custody for the victim D, KRW 10 million for E, KRW 90 million for E, and KRW 40 million for F, and has been in custody for business purposes, and thereafter, has paid the above amount to the corporation’s debt.