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(영문) 서울행정법원 2016.05.19 2016구합51153
소득금액변동통지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Since Nonparty B assumed office as a director of the Plaintiff Company on November 20, 2001, Nonparty B served as the director, representative director, etc. of the said Company and its affiliate company, and around March 18, 2008, Nonparty B used the position of “chairperson” and took overall charge of the management of the Plaintiff and its affiliate companies.

The non-party C was the colon of Non-party D, the major shareholder of the Plaintiff Company, etc., and managed the financial affairs, etc. of the Plaintiff Company and its affiliates from January 208.

B. B withdrawn company funds through ordinary C, etc. and used them for private purposes, and subsequently, it is difficult for C, etc. to repay the funds instead of the funds created through false accounting management. On April 17, 2007, C embezzled the Plaintiff’s total amount of KRW 532,43,000 (including KRW 266,00,000, KRW 217,603,000, KRW 2000, KRW 2008’s embezzlement amount in 2008, and KRW 217,603,003,00) by ordering C, etc. to “the remittance of KRW 10,00 to E” on the same day.

C. C, on December 2008, embezzled the Plaintiff Company’s total amount of KRW 737,620,000 (Third, including the embezzlement amount of KRW 123,200,000, KRW 344,300,000 in 209, ④ the embezzlement amount of KRW 144,30,000 in 209, including the embezzlement amount of KRW 1244,30,000 in 209, and KRW 1 through 4,000 in 209 (hereinafter “the instant embezzlement”).

B and C deposited KRW 532,443,00 in January 28, 2015, and KRW 648,000 in December 11, 2013, respectively, while the criminal trial (the Cheongju District Court 2013Da230, 2013 Gohap175, and detailed progress) on the above embezzlement was in progress. B and C deposited KRW 532,443,00 in January 28, 2015, and C deposited KRW 648,00,000 in December 11, 2013. The Plaintiff Company around that time (hereinafter “instant deposit”).

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