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(영문) 인천지방법원 2016.08.12 2016고단1423
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

1. The Defendant is the representative director of the Victim E Co., Ltd., an importing company, such as Yeongdeungpo-gu Seoul Metropolitan Government D and non-ferrous metal, who is engaged in the business of managing and supervising the overall business of the victimized company.

A. On July 23, 2012, the Defendant, while receiving KRW 20 million from the victimized Company to the passbook in the name of the Defendant, he/she embezzled the costs of steel industry in China by using the same for personal use around that time.

B. On September 25, 2012, the Defendant received a remittance of KRW 6 million from the victimized Company to the passbook under the name of the Defendant and embezzled by using it for personal use around that time.

2. On July 25, 2012, the company suffered occupational breach of trust by transfer the rights of the NAEL under the “Agreement on the Management of Combined Logistics, Customs Clearance and Follow-up Payments” entered into between the NAEL Co., Ltd. and F, while paying KRW 100 million to the NAELA Co., Ltd.

In the above contract, “A” shall charge “B” for the expenses incurred in the management, etc. of Chapters IV (Settlement of Combined Logistics Management Payments) to “B” on a monthly basis, and as of the end of each month, “B” shall be deposited into the designated bank “A” within five days from the date of the claim.

Article 7 (Repaid Deposit) In performing the duties of this Agreement, “B” shall deposit KRW 100,000,000 of the post-paid deposit in the designated account of “B” (F) so that “B” can perform this Agreement smoothly, and “B” shall immediately refund the balance excluding the balance at the time of the expiration of the contract to “B”.

“.......”

As the representative director of a victimized company, the defendant shall faithfully settle the accounts after the termination of the contract in accordance with the above agreement and shall receive the return of the balance.

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