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(영문) 창원지방법원 진주지원 2013.04.17 2012고단1863
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works as representative director from October 8, 2007 to November 1, 201, and has overall management and various business affairs of the above company, such as the receipt of orders from the Corporation, field management, financing and management, etc., and has a duty to faithfully manage the company so as not to protect the interests of the company and to reduce the assets of the company unfairly in operating the above company, and to appropriately execute the company's funds.

On March 28, 2009, the Defendant: (a) deposited 50,000,000 won out of the funds owned by the said company into the account of the Bank and the National Bank in the name of the said company; (b) deposited 50,000,000 won out of the funds owned by the said company into the account of the Bank and the National Bank in cash; and (c) used it for the personal purpose of the Defendant; and (d) as shown in the attached list of crimes, the Defendant used it for the personal purpose of the said company more than 16 times from around that time to February 17, 201, as shown in the attached list of crimes; (b) withdrawn KRW 478,102,00 from the said company’s assets owned by the said company for the said company for 16 times in total; (c) made the said company’s funds deposited in the account in the name of the Busan Bank and the National Bank in the name of H to make a withdrawal in cash; or (d) embezzled by using it without any security for the Defendant

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of the witness J;

1. Statements made by witnesses K and G in the second trial records;

1. Each prosecutor's statement concerning K and G;

1. Each police statement concerning L or G;

1. A copy of each fact confirmation of M and N;

1. Seizure records;

1. Application of the statutes to the copy of expenditure resolution, copy of accounting books, etc., copy of the details of fund use, and copy of the expenditure usage;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;

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