logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.17 2019고합681
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who has served as the representative director of the CB in the major business of importing, selling, and maintaining the Japanese automobile “B” from January 2006 to July 2017.

Around January 8, 2008, the Defendant embezzled KRW 1,523,201,910,00 in total for 127 occasions in the same manner as the Defendant’s list of crimes in attached Table 1, from June 1, 2012, by using the same time as the Defendant’s list of crimes in the same manner as the list of crimes in attached Table 1, from the date of transfer from the company bank account in the name of the Defendant to the e bank account in the name of the Defendant, to the e bank account in the name of the Defendant, and then arbitrarily uses the e bank account in the name of the Defendant.

2. Around June 29, 2007, the Defendant and his defense counsel asserted that the Defendant provided F apartment house owned by the Defendant as a collateral to the KABC (hereinafter “instant company”), and had the instant company use the funds necessary for the establishment of the maintenance factory by obtaining a loan from the Defendant. Accordingly, the instant company restricted the Defendant’s personal credit use by obtaining prior approval from the board of directors, and the Defendant borrowed the company funds in the form of provisional payment. From September 15, 2009, the Defendant used the funds in the form of provisional payment because the Defendant’s claim against the company is greater than that of provisional payment, and thus, the intent of unlawful acquisition is not recognized.

3. According to the evidence duly admitted and investigated by the court, the following facts and circumstances are revealed. A.

On January 10, 2006, the Defendant established the instant company and was appointed as the representative director in order to run the imported automobile wholesale and retail business. The ratio of shares in the initial stage of the establishment was 40%, G 12%, H 24%, and I 24%, and the board of directors was composed of the Defendant, the directors, and the directors G.

B. The instant company is the company.

arrow