logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.22 2016고합88
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for a term of two years and six months, imprisonment for a term of one year, and imprisonment for a term of three years, respectively.

In this case.

Reasons

Punishment of the crime

The Defendants corrected part of the facts charged in the instant case ex officio to the extent that it is not likely to substantially disadvantage the Defendants’ exercise of their defense rights.

[Basic Facts regarding Q Co., Ltd.] Defendant C, and A around August 11, 2010, at the office of N (C') located in Gyeyang-gu Incheon Metropolitan City M, Defendant C, N, and P (P's agent's qualification to lend KRW 50 million out of KRW 100 million), Q Co., Ltd. (hereinafter " Q") in the name of Defendant C, N, and P (P's agent's qualification to lend KRW 50 million). The representative director was R.

S) Around October 11, 2010, 201, KRW 100 million (pre-paid interest KRW 8 million was offered, and KRW 92 million was actually lent) was determined and lent as the due date for payment, and the company director and auditor of the corporation as security are changed to those who are requested by Defendant C (Provided, That it is not possible to use Q-owned vehicles), and if the loan is not repaid by the due date, Q-owned vehicles may be used at will, and when the loan is repaid, the agreement was drawn up by the content that the change registration of the above director, etc. should be restored to their original state.

Defendant C and A, around August 11, 2010, resigned the representative director S of Q from office, and the director for internal directors, and the auditor for the Q temporary general meeting of shareholders who appointed Defendant C, prepared a written contract for the transfer of shares (name 2,600 shares in Q T employees, name 7,400 shares in the above S, and name 7,400 shares) of Q to Defendant A and C, and registered Defendant C as the internal director of Q in-house and the auditor around August 12, 2010.

On September 2, 2010, Defendant C and Q continued to conflict with each other in relation to the exercise of rights to the above P and Q, Defendant C and A registered the resignation of directors in the company as a director on the same day.

Since then at around October 6, 2010, R intended to pay the above KRW 100 million between the around the 11st day of the same month, Defendant C and A were replaced by Defendant C’s fraud against Q’s transaction partner U.S., which Defendant C and Q’s arbitrarily repaid by Defendant A, as well as KRW 30 million for Q’s creditor, and KRW 30 million for Q’s creditor.

arrow