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(영문) 대구지방법원 안동지원 2013.09.26 2012고단1467 (2)
업무상횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operated AH in Osan City from February 24, 2003 to August 2012.

1. Violation of the Commercial Act;

A. A. Around July 15, 2008, the Defendant, around July 15, 2008, withdrawn KRW 400 million of the company’s capital from the National Bank of Korea, Dasan-dong 813-5, the Defendant issued a certificate of stock payment custody on the following day to the above bank, together with KRW 100 million in which AX invested, and issued a certificate of stock payment custody on the same day after withdrawing the total amount of the above money around July 16, 2008.

B. Around September 3, 2008, the Defendant, around September 3, 2008, withdrawn KRW 200 million of the funds of the AH corporation from the National Bank Oral Cancer Point located in 813-5, Yongsan-si, Nowon-si, and deposited the said bank as shares payment, and issued a certificate of stock payment custody on the following day, and then withdrawn the full amount of the said funds on September 4, 2008 and pretended to pay the said company’s capital.

2. Making false entries in the original notarial deed and uttering of the original notarial deed;

A. A. Around July 16, 2008, the Defendant filed an application for the alteration of the registration of the said company, accompanied by the said company’s certificate of deposit of shares issued under the name of the public official who was not aware of the fact, and stated “320,000 shares issued by the said company” in the “total number, types and number of shares issued by the said company,” and “the total amount of shares issued by the said company,” “1,60,000,000 won” in the “total amount of shares issued by the said company” in the commercial register, a certified copy of the said company’s commercial register, which is the original copy of the said company, even though he/she paid the total amount of shares paid to AH corporation by pretending it as above.

Accordingly, the defendant filed a false report to the above public official, and entered false facts in the commercial register, which is the original copy of a notarial deed, and around that time, the above commercial register is located.

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