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(영문) 청주지방법원 2016.09.28 2016고단946
횡령
Text

Defendant

A Imprisonment with prison labor for eight months, for four months, and for six months, for defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the cooking room of G cafeteria operated by the victim F of the sixth floor in the Cheongju-si E Building, and the defendant B is the person working for the above G cafeteria as the accounting staff of the above G cafeteria, and the defendant C is the person operating the corporation I, which is the supplier of the G cafeteria in the Cheongju-gu, Cheongju-si.

Victim F has been operated by himself

In order to avoid the seizure of sales claims, the G cafeteria established a company to avoid the above seizure, due to the management difficulties of the G cafeteria, and operated the G cafeteria.

Defendant

A and B accepted the request from the injured party in the process of the establishment of the J (hereinafter “instant company”) to operate G Posman on December 2014, upon receipt of the request from the injured party, and the Defendant B accepted the request from the Defendant to lend his name. On December 11, 2014, the Defendant A assumed office as the representative director of the instant company, and the inside director of the instant company. On the other hand, the Defendant B took office as the inside director of the instant company, and the Plaintiff B took custody of 2,000 shares out of 4,00 shares issued by the instant company under the name of the injured party.

Defendant

C Although it is well aware of the above nominal trust relationship, Defendant A demanded that the shares of the instant company be transferred to Defendant A if Defendant A fails to pay the claim for the supply of goods to a G restaurant, including I, within a given period. Defendant A and B transferred 3,100 shares out of the shares of the instant company, which are kept by the L law firm located in Cheongwon-gu, Seowon-gu, Cheongju on May 15, 2015, to Defendant C at their own discretion (1,00 shares in Company I operated by Defendant C, 1,200 shares for Defendant C’s spouse, 1,200 shares for Defendant C’s spouse, and 90 shares of the instant company from Defendant A and B, and Defendant A acquired the shares of the instant company from Defendant A and B even after being well aware of the above nominal trust relationship, and at that time, Defendant A received the shares of the instant company from the damaged party.

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