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(영문) 서울서부지방법원 2020.11.25 2019고단4304
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 a shareholder (the share of 22%) of the victim Dispute Resolution Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") and the head of the business division, who was a representative director from March 15, 2018 to July 17, 2019.

1. From around December 2018, the Defendant: (a) demanded the representative C of the victimized company to adjust the shares; (b) on March 7, 2019, the Defendant established the KFD, which is the same kind of company with the Defendant, and did not work in the victimized company from around that time; (c) around May 7, 2019, the E Bank, the Bank of Korea, the Bank of Korea, the FF Bank, etc., which is the creditor bank of the victimized company in the first place of Gyeonggi-si and Dong-si, and the Defendant, who was registered as the representative director of the victimized company, had the above bank manager, who is aware of the fact, change the financial account password and the authorized certificate of the victimized company, respectively.

Accordingly, the defendant interfered with the transaction of the damaged company by fraudulent means.

2. The Defendant changed the bank account password and the authorized certificate of the victimized company as above, and then, on May 8, 2019, deposited KRW 125 million in the account of the victimized company’s corporate bank account from 10:22 to 10:24 of the day, and transferred the sum of deposits deposited in the account of the victimized company’s E bank account from 10:22 to 10:24 of the day to 10:24,445,160 won ( KRW 3,722,580 each time) to the Defendant’s account as payment, and then withdrawn KRW 40 million in the check at around 11:44 on that day.

As a result, the Defendant embezzled total amount of KRW 172,445,160.

Summary of Evidence

1. The defendant argued the facts charged of the defendant's oral statement and recognized it on the fifth trial date.

1. Each legal statement of witness C, H and I;

1. C Submissions (written confirmations of fact-finding relations, reports of deprivation of qualification and payment records), investigation reports (GJ regular telephone conversations).

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