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(영문) 창원지방법원 마산지원 2016.04.20 2016고정21
업무상횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A holds 51% of the shares of Victim E Co., Ltd. (hereinafter “victim”) from April 1, 2010, and is the representative director, who serves as the actual manager, and Defendant B is the managing director of the victimized Co., Ltd. from April 1, 2012.

1. Defendant A, as the representative director of the victimized company located in the Haan-gunF from April 2010, Defendant A, who had been engaged in overall business, such as production, sale, etc. of retirement expenses, and had a Daegu Bank BC card (the card number: G) related to the Daegu Bank account, the passbook of the victimized company.

Defendant

A around January 17, 2011, he voluntarily consumed 26,300 won for personal purposes using the above Daegu Bank BC Card possessed by J D D D D D D D D D D D D D D D D D D D D D D D D D D D D D and D D D D D.

Defendant

A, including this, from around that time to December 26, 2013, A embezzled total of 8,22,210 won for personal purposes, such as in the list of crimes in attached Table 14 times.

2. Defendant B, from April 1, 2012, entered the office as a managing director by Defendant A, the representative director of the victimized company, and was in charge of and managed the funds, administration, personnel affairs, etc. of the victimized company.

Defendant

B paid KRW 3,473,670, total interest on Defendant A’s loans from the Daegu Bank Account (Account Number: G), one of the passbooks of the victimized company, in violation of the duty of good management around August 9, 2012, and paid KRW 603,670,00 from the Internet Bank Account (Account Number) to Defendant A, one of the passbooks of the victimized company, through Internet banking, etc., and made it easier for Defendant A to arbitrarily use the money deposited in the said Daegu Bank Account, the head of the victimized company.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement to K prepared by the police;

1. In the case of an investigation report (as to the repayment plan of embezzlement).

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