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(영문) 전주지방법원 군산지원 2017.08.24 2017고합1
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

L is the defendant-friendly M on April 3, 200, the automobile-friendly M is a manufacturer company established by the defendant-friendly M on April 3, 200. N is the automobile parts painting company (it is established on August 21, 2003), and O is the automobile-resistant manufacturer company (it is established on December 24, 2009) and L is the company.

The defendant from around 2004 owned 112,00 shares out of 140,000 shares of L as a whole

With the delegation of management right from M, corporations and their subsidiaries have been engaged in the overall management of major management issues such as personnel, finance, and funds of each of the above companies.

"2017 Gohap 1"

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of the victim corporation L, in order to secure the Defendant’s shares in the process of increasing 160,000 shares for consideration, he was willing to purchase shares for consideration in the name of friendship or P, the Defendant, and Q in de facto marital relationship with Q.

In this regard, while the Defendant kept company funds in the corporate bank account in the name of the victim company, on December 19, 2013, at the victim company office located in R in the name of the victim company, the Defendant deposited 310 million won from the above corporate bank account to the new bank account in the name of P, and deposited 300 million won in the above Q’s post account in the name of P, and used 610 million won in total as the fund for the acquisition of the victim company’s shares.

Accordingly, the Defendant embezzled the property of the victim company.

2. In the event that a person who operates N Co., Ltd. and victim Co., Ltd.O uses and manages the company's assets in good faith, and lends or invests company funds, the defendant has a duty to take reasonable measures to stably recover company's funds, such as being provided with sufficient security through legitimate procedures.

A. The Defendant is the victim around April 2012.

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