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(영문) 청주지방법원 2015.01.15 2014고정804
업무상횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

C is the representative director of the victim D Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") and controls the business affairs of the victim Co., Ltd., and E, as the former director of the victim Co., Ltd., has overall control over the internal business affairs of the office such as accounting management

The Defendant, in collusion with C and E on August 23, 2007, entered into a new construction contract with the victim company located in the Chungcheongbuk-gun, with the victim company's office located in the Chungcheongbuk-gun, for the purpose of entering into the new construction project and entering into the new construction project, the victim company's subcontracting of the interior and external stone construction work to Ethti Heavy Industries Co., Ltd. (hereinafter referred to as the "Ethel"), and made the so-called "non-financing" that it can be used for convenience. Despite the fact that the actual construction cost is KRW 830,00,000,000,000 for the construction cost, the Defendant shall prepare a written contract for a construction project with the price of KRW 1.23 billion and the difference between the value-added tax of KRW 400,000 and KRW 400,000,000,000 for corporate tax of KRW 560,600,00.

Accordingly, the Defendant, in collusion with C and E on August 30, 2007, kept business public funds for the victim company at the victim company office, and around December 24, 2007, deposited KRW 400 million in total as KRW 400 million and KRW 40 million in value-added tax on the difference between the paid-in construction and the actual paid-in construction costs, around August 30, 2007, deposited KRW 220 million with the account under the name of Etiel and remitted KRW 220 million to the account under the name of Etiel around September 13, 2007. From August 30, 2007 to December 24, 2007, embezzled KRW 384 million from Etitiel to raise funds for convenience and use KRW 50 million in the account under the name of Etiel at will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police officer for H and E.

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