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(영문) 광주지방법원 장흥지원 2012.03.22 2011고단170
업무상횡령등
Text

Defendant

A Imprisonment with prison labor of one year and six months, the defendant corporation B shall be punished by a fine of 10,000,000 won, and the defendant corporation C shall be punished by a fine.

Reasons

Punishment of the crime

"2011 Highest 170"

1. Defendant A is a person who actually operates Co., Ltd. B and D Co., Ltd., Ltd., and C and Co., Ltd., Ltd., Inc., Ltd., which are located in Haak-gun, Chungcheongnam-gun, Nam-gun, Nam-si.

The Defendant reported to the authorities as belonging to the above companies in the operation of the Defendant for convenience for the purpose of registration of construction business, but transferred the amount equivalent to the benefits of each construction engineer to the accounts in the name of each construction engineer who does not actually work, and then re-transfer the amount to the NA P account under the name of the Defendant’s management, which is the borrowed-name account managed by the Defendant, and issued a false tax invoice without actual transaction with the transaction partner and transferred the amount equivalent to the transaction amount of the tax invoice to the transaction partner again, and then raising so-called so-called “over-the-counter funds” in the manner of returning the amount of the tax invoice to the above O AF account, which is the borrowed-name account, which is the borrowed-name account, thereby unfairly deducting value-added tax or corporate tax as much as the excessive appropriated amount as the payment of benefits or the purchase cost of goods or services, while

1) On March 10, 2009, the Defendant: (a) transferred KRW 2,716,100 to R, a construction engineer who does not work in the Bank Q2 deposit account in the victim’s name, and (b) deposited KRW 2,715,800 to the Agricultural Cooperative Account in the name of O, the next day managed by the Defendant; and (c) voluntarily created a so-called extra loan and used the extra loan. The Defendant, including the Defendant, and then from around that time to December 10, 2010, voluntarily used the extra loan by the aforementioned method during the period from March 10, 200 to December 10, 2010.

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