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1. The Plaintiff:
A. Defendant B shall be KRW 58,927,00, and Defendant C shall be jointly and severally with Defendant B, whichever is 11,858.
Reasons
1. Facts of recognition;
A. From July 13, 2015 to April 5, 2017, Defendant B served as the representative director of the Plaintiff Company and took charge of accounting affairs.
B. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established on January 28, 2004 for the purpose of general trucking transport business, etc., and D, the spouse of Defendant B, is the representative of the above company, and Defendant B actually operates the above company.
C. Defendant B was sentenced to a suspended sentence of two years on September 19, 2019 for the following criminal facts.
The Defendant, from July 13, 2015 to April 5, 2017, worked as the representative director of the victim A Co., Ltd. (hereinafter “victim”) located in the building F of Gangseo-gu Busan Metropolitan Government, and was in charge of the management of the company’s profits, expenses, and settlement of accounts.
1. On June 30, 2016, the Defendant: (a) no fact was established in the name of the Defendant’s wife and provided services from G Co., Ltd. (hereinafter “G”) in which the Defendant actually operated; (b) prepared a tax invoice stating false details as if G supplied services to the damaged company; and (c) embezzled KRW 3,333,000 of the company’s funds to the Busan Bank account as soil and sand transport expenses around July 8, 2016.
2. Around August 16, 2016, the Defendant prepared a false tax invoice at the office of a victimized company in the same manner as that prescribed in paragraph (1), and embezzled KRW 8,525,000 of the company funds of the victimized company to the account of G bank in the name of expenses for soil transportation, around August 18, 2016.
3. On June 15, 2016, the Defendant issued a tax invoice stating false details as if he/she supplied the above G with the service to the victimized company (hereinafter “H”) even though he/she supplied the service to the said G, and around July 15, 2016, the Defendant issued a tax invoice stating false details. On July 15, 2016, KRW 10,164,000 for the company’s funds to the victimized company.