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(영문) 대구지방법원 2017.08.09 2017고정722
업무상횡령등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as the representative director of C and is engaged in the execution of internal and external affairs on behalf of the above company.

1. On March 2014, the Defendant: (a) sold KRW 1,058 square meters of the site for D’s factory in Gyeong-gun, Kim Sung-gun, Kim Sung-gun, Inc., the Defendant: (b) sold KRW 144,000,000 to E; and (c) received KRW 10,000,000 from E for the sake of the victim’s company as the down payment from E to the agricultural bank account (F) account in the name of the victim company; and (d) withdrawn KRW 1,40,000 on the following day in cash for the sake of the victim company; and (c) repaid KRW 7,300,000 as the amount of debt.

Accordingly, while the defendant has kept a total of KRW 8,700,000, he arbitrarily consumed the total amount for personal use.

2. The Defendant, as a promoter of G Co., Ltd., was willing to establish a juristic person by borrowing the necessary capital when establishing the said juristic person and promptly returning the borrowed money after paying the borrowed money with the borrowed money, such as a violation of the Commercial Act, an electronic record, etc., and an recorded electronic record, etc.

A. On April 15, 2014, the Defendant violated the Commercial Act: (a) deposited KRW 100 million borrowed from H representative I in the accounts of the Saemaul Savings Depository in the name of the Defendant, a representative director of the company G, in the name of capital payment; (b) issued a certificate of deposit balance of KRW 110,000 won from the said Saemaul Savings Depository; and (c) withdrawn the said Saemaul Savings Depository and the seal of the Defendant, which was deposited in KRW 10,100,000,000, from the said Saemaul Savings Depository in the name of the said I on April 16, 2014.

On April 29, 2014, the Defendant applied for the registration of incorporation of a corporation with the total amount of capital of KRW 100 million at the registry office of the court of the Daegu District Court located in 5-8, Daegu District Court, Daegu District Court, Seoul District Court, along with the above deposit balance certificate.

This is the defendant.

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