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(영문) 서울중앙지방법원 2018.08.17 2017고단4543
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On May 26, 2017, the Defendant was charged with infinite detention with the Seoul Eastern District Court due to a crime of occupational negligence and an infinite death, etc., and is currently under trial.

2. The Defendant is a representative director of M Co., Ltd. (hereinafter “M”), and M is a company established on August 31, 201 for the purpose of management and operation supplementary services, etc.

A. Business Breach of Trust 1) In case of the illegal use of a corporate card, the defendant had occupational duties to use the corporate card in the name of the victim M for the victim.

From November 25, 2011 to May 26, 2016, the Defendant: (a) in violation of his/her duties, the Defendant acquired the same amount of financial benefits by settling the sum of KRW 26,742,33,00 by the corporate card in the name of the victim for personal use, as shown in attached Table 1, from November 25, 201 to May 26, 2016; and (b) in violation of his/her duties, the Defendant acquired the same amount of financial benefits by settling the sum of KRW 26,742,33,00 in the corporate card in the name of the victim for personal use, as shown in attached Table 1.

2) According to the articles of incorporation of M of excessive payment of remuneration, remuneration for executive officers is required to be paid by a resolution of the general meeting of shareholders, and according to the resolution of payment of remuneration by the general meeting of shareholders on May 10, 2012, Defendant’s remuneration is to be paid within the limit of KRW 7,758,333 per month.

The defendant has a duty to pay his/her remuneration within the scope of the resolution of the general meeting of shareholders.

On May 10, 2012, the Defendant violated his duties at MM office, and received KRW 9,758,333,00,000,000 from the Defendant’s monthly remuneration calculated in accordance with the resolution on the payment of remuneration at the shareholders’ meeting on May 10, 2012, and received KRW 1,983,982,315, and paid the difference in KRW 1,983,982, and sustained the victim’s loss equivalent to the same amount.

From May 2012 to June 2016, the Defendant used the foregoing method to set up the list of offenses in attached Form 6 in the same manner.

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