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(영문) 대전지방법원 2015.05.15 2014고합305
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendants shall be punished by imprisonment for two years.

However, from the date of the final judgment of this case, each of the above three years against the Defendants.

Reasons

Punishment of the crime

From March 10, 2005 to March 8, 201, the Defendants actually operated E Co., Ltd. (Defendant A from March 10, 2005 to March 10, 2008; Defendant B was registered as the representative director or director of each of the above companies from May 31, 2010 to March 8, 201) and was in charge of final decision-making and enforcement of major policies on overall management, including accounting.

1. The Defendants borrowed money from the victim E Co., Ltd. (hereinafter “victim E”) as the debtor, and deposited only part of the money into the damaged corporation, and had the remaining money used for personal use.

around January 4, 2008, the Defendants conspired to borrow KRW 200 million from F to transfer it to the National Bank Account (G) account of Defendant A. From January 16, 2008, the Defendants embezzled the Defendant’s small-scale type of punishment of KRW 50 million from January 5, 2008 to the corporate bank account (H). From January 23, 2008 to January 23, 2008, the Defendants embezzled the Defendant’s small-scale type of punishment of KRW 10 million from January 5, 2008 to KRW 25,716,440, 600,000, total of KRW 18,283,560,000,00 for the repayment of loans to the Muss Account under the name of the mother, and embezzled it for personal use.

2. The Defendants: (a) made a marina loan in the name of the victimized corporation; and (b) received it from Defendant A to use it for the fund management of L Co., Ltd. and M Co., Ltd.

around June 29, 2007, the Defendants conspired to open an account for the deposit transaction of 50 million won in the name of the victimized corporation at the point of discharge from the enterprise bank on or after the opening of the loan limit of 50 million won, 041,200 won on June 29, 2007, 40,006,00 won on July 5, 2007, 2007, and 4,901,200 won on July 20, 2007, and 04,04,80 won on September 39, 2007, and 6,001,201,200 won on or after withdrawal of KRW 200 on September 22, 2008, for the purpose of voluntary management of funds of the said Defendant Company separately operated by the Defendant A around that time.

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