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(영문) 부산지방법원 2017.03.29 2016고단8245
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is the victim F Co., Ltd. (hereinafter “victim”) registered as the representative director by E.

The term "title") was actually operated from May 2010 to February 2013, 2010, and the damaged company was engaged in the overall implementation of the damaged company's business and the disbursement of funds with respect to the new construction of the G building in Busan-gu G building implemented by the damaged company.

On March 27, 2012, the Defendant embezzled 154,850,000 won in total over 36 times from January 3, 2013, as indicated in the attached list of crimes, when the Defendant deposited approximately 13 investors, including H and I, into the Agricultural Cooperative (J) account in the name of E in connection with the construction of the above building, and kept in custody for the victimized company. At around that time, the Defendant arbitrarily borrowed KRW 1,30,000 to K, a cause of transfer of the victimized company, for personal purposes, and embezzled 154,850,000 won in total, from around 36 times to January 3, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement of E in the second suspect examination protocol against the accused;

1. Statement made by the police for E;

1. The details of transactions in each account shall be attached to a complaint;

1. A certified copy of the registry of a corporation which is the investigative report (in addition to a certified copy of the registry of a F corporation);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of details of corporate bank accounts);

1. The crime of this case on the grounds of the pertinent Article of the Act and Articles 356 and 355(1) of the Criminal Act relating to the selection of punishment for the crime of this case is committed in light of the following facts: (a) the Defendant actually operated the damaged company in which E is registered as the representative director; (b) the Defendant embezzled the amount equivalent to KRW 150 million of the funds kept in custody for the victimized company in connection with the said new building project; (c) E, registered as the representative director in the course of liquidation due to the failure of the said new building project, suffered enormous damage due to taxes, investments, liabilities, litigation costs, etc.; and (d) the damage therefrom was not recovered at all.

However, it is against the defendant.

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