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(영문) 서울중앙지방법원 2017.04.20 2016고단7334
업무상횡령등
Text

Defendants shall be punished by imprisonment with prison labor for one and half years.

Reasons

Punishment of the crime

Defendant A is the representative director of Seocho-gu Seoul Metropolitan Government K and the Dispute Settlement Bank L (hereinafter referred to as “L”) and Defendant B is a director of the company in charge of the affairs of the company as a director of the company in question.

On April 2015, the Defendants: (a) invested USD 399,000 ($ 43,250,000) from Malaysia, Malaysia; and (b) conspired to embezzled the Company’s funds while establishing and operating the L Company at the same place.

On April 22, 2015, the Defendants: (a) withdrawn 148,00 US dollars from the corporate account in cash; (b) falsely stated the deposit account column in the column of the passbook in lieu of the initial account book at the time of the incorporation of the company in lieu of the book; (c) while keeping the said money for business purposes, the Defendants used 150,000 US dollars from the said money for personal debt repayment, etc. around that time.

As such, the Defendants conspired to make up for the victim (state) 150 million won in occupational embezzlement.

[Defendant A] The Defendant, as L’s representative director, worked for a coffee-related business with 21 full-time workers, from May 1, 2015 to August 5, 2015, as well as 2,725,806 won of wages from July 8, 2015 to retired N, and as indicated in the attached Form, did not pay 53,424,186 won of wages for 21 workers within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

Summary of Evidence

[2016 Highest 7334]

1. The Defendants’ respective legal statements

1. The witnessO and each legal statement in P;

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A list of shareholders, a corporate registry, a foreign exchange account transaction details, a summary, a certificate of full registered matters, a business registration certificate ( Q), an e-mail document, and the details of the NongHy Account transaction, respectively.

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