logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.08.10 2017고합518
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

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

(e).

Reasons

Punishment of the crime

From July 19, 199 to March 2, 2015, the Defendant was the representative director and the largest shareholder of the victim C Co., Ltd.; and from August 10, 2010 to May 22, 2014, the Defendant was in charge of exercising overall control over the management of funds and its execution while operating the said company as the representative director and the largest shareholder of B Co., Ltd. from August 10 to May 22, 2014.

The defendant appropriated the processing personnel expenses or received the return of the money through the processing transaction, and acquired the funds of the damaged company to the defendant's account by transferring the funds of the damaged company to the defendant's account, etc., and used them for personal purposes.

Accordingly, between January 5, 2010 and May 23, 2013, the Defendant arbitrarily used the total amount of KRW 556,259,240, which is owned by the victimized company as shown in the attached list of crimes (1) as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A certified copy of the C Registry, a certified copy of B registry, and a certified copy of the F registry of an agricultural company;

1. Determination as to the defendant and his/her defense counsel's arguments on each investigation report (the list Nos. 40, 43, 48, 61, 98, 104, 110, 126) and each accompanying material

1. Summary of the defendant and his defense counsel's assertion

A. The crime of embezzlement is not established solely on the fact that the Defendant’s account in the name of the Defendant for the crime at least 1 and 3 times in the table of attached crimes (1) was transferred to the said account as the Defendant’s account for the business of the victimized company, and the money of the victimized company was transferred to the said account. The crime of embezzlement is established where the Defendant voluntarily proves that

B. The Defendant, as the representative director of the victimized company, was repaid the Defendant’s claim against the victimized company, and did not embezzled the Defendant’s funds.

(c)

Attached Form

The value-added tax is the amount of money that a company that suffered from a crime at least four times a net time receives from an I bank as a loan for purchase.

arrow