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(영문) 부산지방법원 2016.11.30 2016고단3366
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On July 201, the Defendant established and operated a company selling imported alcoholic beverages, such as D, E, F, G, and Dong, which are the third village in Gyeyang-si, Yangsan City, with approximately KRW 1.1 billion. The Defendant prepared a total of KRW 2.2 billion investment funds in the manner that the Defendant prepares approximately KRW 600,000,000,000,000,000 won, including approximately KRW 500,000,000,000,000 won, and established and operated H (hereinafter “instant company”).

When preparing the above investment money, the Defendant received a loan from a financial institution or borrowed money from his family members or those who borrowed money from a financial institution, and the Defendant’s personal financial standing was omitted, the Defendant was able to use money borrowed from the company’s funds or those who borrowed money from the company of this case for personal debt repayment or living expenses, etc.

"2016 Highest 3366"

1. The Defendant is the representative director of the instant company, who was in general control of the instant company’s business embezzlement from August 2, 201 to June 23, 2014.

On September 26, 201, the Defendant: (a) transferred KRW 1,000,50,000 of the company’s funds in the foreign exchange bank account (Account Number I) in the name of the instant company to the bank account under the name of the Defendant at a non-victimd place (hereinafter referred to as the “victim”) and embezzled them arbitrarily under the name of the Defendant, such as payment of interest on the Defendant’s personal obligation.

In addition, from around that time to May 31, 2014, the Defendant’s total amount of KRW 462,138,864 of the company’s funds kept for the instant company for the victim by the aforementioned method, such as the list of crimes (1) as shown in the attached Table of Crimes (1), shall be our bank, foreign exchange bank, and post office accounts in the name of the Defendant.

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