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(영문) 의정부지방법원 2018.05.02 2016고단4336
횡령등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 4,00,000 won to the applicant for damages.

Reasons

Punishment of the crime

On September 23, 2015, the Defendant embezzled the said car worth KRW 70 million at a cost as security by borrowing KRW 21 million from another person around September 23, 2015, while the Defendant used the said car from the second floor of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government D Building, and entered into a contract with F to use the said car from the victim Hyundai Capital Capital Co., Ltd. to pay rent on a deposit basis.

After acquiring a company with almost no actual sales, the Defendant conspiredd with H to acquire the so-called “the so-called “the second president” by submitting financial statements to financial institutions which were prepared by falsity, even though there was no actual sales performance, to obtain money from the corporation and other loans under the name of the corporation’s operating funds.

Accordingly, on April 2015, the defendant acquired from K to K the amount of 30 million won, which is a company related to new manufacturing and wholesale sales, at the office of the Dispute Resolution Co., Ltd. in Yongsan-gu, Yongsan-gu, Busan-si, Busan-si, and transferred H to the president of the so-called branch, and issued K the false financial statements received from K to H, and had K apply for the loan to the bank.

Accordingly, on October 2015, H applied for a loan of corporate operating capital equivalent to KRW 200,000,000 to the L branch of the bank and the new bank and the KFF to the KFFF, while doing as if it would be a normal corporation with the KJ's performance to pay the loan properly.

However, there was no sales decision, and the defendant did not have the intention or ability to repay the loan.

Nevertheless, Defendant 1 committed such a false act, and was transferred from us bank to us total of KRW 26 billion on October 26, 2015, and KRW 200 million on November 30 of the same year from 30,000 to her corporate account.

Accordingly, the defendant, in collusion with H, acquired a total of KRW 400 million.

"2017 Highest 2556" 1.

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