logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2020.08.20 2020고단931
업무상횡령
Text

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

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

Reasons

Punishment of the crime

From February 2013, the Defendant, as the representative director of the Victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd”) located in Sin Sin Si, has been in charge of exercising overall control over the company’s business and paying wages to the employees of the said company directly.

On August 26, 2013, the Defendant, while keeping the damaged company’s funds in business at the above damaged company’s office, falsely listed the Defendant’s children as an employee and remitted KRW 1,837,230 to the name of the company bank account (E) in the name of benefits, and subsequently embezzled the Defendant’s children D and F, who did not work for the said company until December 28, 2015, by transferring KRW 54,675,380 in total over 35 times, as indicated in the list of crimes in the attached list of crimes, by means of paying benefits.

Summary of Evidence

1. A written complaint filed by the police with respect to the defendant's legal statement G, a written complaint filed by the police with respect to the defendant's statement - a complete certificate of registered matters (C), - a share transfer or takeover contract, a C superior ledger, a list of shareholders, a list of articles of incorporation, an investigation report (for a period, 11, 15, 16, 21, 23), a fact confirmation - two copies of a bank account transaction statement, and

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the criminal liability for the instant crime committed by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, which embezzled the funds of the victimized company by registering the children as the employees of the said company, is not minor, the punishment as ordered is determined in consideration of the circumstances in which the Defendant was the primary offender and the entire embezzlement money was returned to the victimized company.

arrow