logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2013.04.04 2012고합25
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

"2012 Gohap25,55 (Joint) - Defendant A

1. In the case of occupational embezzlement, the Defendant is a managing director who holds 25% equity interest in the victim limited partnershipF (in the part related to occupational embezzlement, “victim company”; in the remaining part, “F”) and is in charge of the management of funds of the victim company in substance while operating the victim company.

On March 7, 2009, the Defendant: (a) at the office of the victim company, ordered G of the above company’s accounting staff G to withdraw KRW 5 million from the account of the victim company’s corporate account in cash; (b) received payment from the victim company’s corporate account in cash; and (c) used the said money as the registration fee of the International University Social Welfare Department where the Defendant arbitrarily posted the said money.

In addition, the Defendant from around that time to March 9, 2011 attached Form.

1. As indicated in the list of crimes (except Nos. 2, 3, 5, and 6), the funds of the victim company were withdrawn in cash over 80 times in total as a managing director’s expense and embezzled KRW 225,630,000 in total by arbitrarily using them for personal purposes, such as Defendant’s school expenses, golf training expenses, etc.

2. No person who violates the National Technical Qualifications Act shall receive the lending of a national technical qualification certificate;

A. On September 2009, in order to satisfy the legal requirements necessary for registering the ocean waste collection business and purification and maintenance business of F at F offices, the Defendant instructed F employees B to pay KRW 250,000 per month to the J as a national technical qualification marine investigation industrial engineer. The Defendant borrowed the above certificate of qualification from the said J.

B. On June 2010, the Defendant issued orders to the above B, who is a national technical qualification, to satisfy the legal requirements necessary for registering ocean waste collection business and purification and maintenance business of K, Inc. (hereinafter “K”), which is operated by the Defendant at the F Office, to the effect that the Defendant satisfies the legal requirements.

arrow