logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2016.11.23 2015고단900
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, each of the facts charged are acquitted.

Reasons

Punishment of the crime

The defendant, as the representative director of E Co., Ltd. (hereinafter referred to as “E”), has been under dispute with F, the vice president of the above company, and F, the above company, with management rights.

Around April 21, 2014, the Defendant distributed the documents in the title “(i) the FF Vice President of the EF,” stating the same purport, to the 10 employees of the said company including H, in spite of the fact that the Defendant did not forge the share acquisition agreement that “the Defendant would transfer 35,100 shares of E” to the victim G, on November 14, 2008.

Accordingly, the defendant damaged the reputation of the victim F by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. A protocol concerning the examination of the accused by the prosecution (including the F and I statement of the accused);

1. Each police statement made to I, F, and H;

1. A written statement;

1. Each written agreement, the full certificate of registered matters, the list of shareholders, the corruption of the vice president, the stock trust contract, the stock trust contract, the stock acquisition agreement, each share acquisition/transfer contract, the receipt, each share transfer contract, and the application of statutes of the court decision;

1. Determination as to the assertion of the Defendant’s choice of imprisonment, Article 307(2) of the Criminal Act and Article 307 of the Criminal Act regarding criminal facts

1. The summary of the assertion was forged by F on November 14, 2008, and thus, the Defendant’s timely statement is not false.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts are acknowledged.

1 E shall be a company established by F on July 26, 2005 to carry on the business of manufacturing and selling refining coal and coal-reprocessed products, etc. from around 2006 to around 650 million won and the number of stocks shall be 650,000,000 won.

arrow