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(영문) 서울남부지방법원 2020.10.26 2020고단4077
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of Gangseo-gu, Seoul, the 8th floor C, the United Nations management-related business, and the management management-related business. The defendant is a corporation established for the purpose of human resource contracting business, film manufacturing business, etc.

From November 23, 2018 to November 25, 2019, the Defendant: F, the representative director of the victim company, and F, from November 26, 2018 to November 25, 2019, the Defendant: (a) entered into a contract with the victim company to supply the subsidiary contributor (such as a person who appears in the short station without an ambassador in the drama or film, etc.) necessary for the broadcast program to the victim company; and (b) the victim company to pay the contribution fee; (c) separately from the contribution fee, the Defendant paid KRW 20 million to the victim company for the specific purpose of use where the victim company is unable to pay the contribution fee. However, the Defendant and the victim company’s interpretation of the intent of the Defendant and the victim company established a consignment relationship designating the purpose of using the payment amount of KRW 20 million; and (d) the Defendant cannot be deemed to have any substantial disadvantage in exercising his/her right of defense; and (d) thereby, partially correcting the facts of the crime ex officio.

When the contract term is terminated or the contract is terminated, it is decided to return to the victim company.

Accordingly, on November 26, 2018, the Defendant was transferred from the victim company to the G bank account in the name of the G bank account (H) in the name of the execution contract deposit and embezzled by arbitrarily consuming the amount of company operating expenses, such as advertising expenses, office rent, monthly salary of employees, etc. in Seoul Special Metropolitan City around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement;

1. A copy of each performance contract (I, II) and a statement of transfer of KRW 20 million (1, 2, 3) each written statement of account transfer (1, 2, 3) - supporting documents of subrogation, and the status of failure to return the investigation report and the statement of account transfer.

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