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(영문) 전주지방법원 2017.03.31 2016고합214
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From May 3, 2001 to July 5, 2016, the Defendant, as the representative director of H in charge of business, management, accounting, finance, etc., who is for the purpose of selling and transporting petroleum products in Yeongsan-gu G and for the tank rental service business, etc., in the previous city, was in charge of the business, management, accounting, and finance affairs of the company. From July 6, 2016 to July 6, 201, the Defendant is in charge of the accounting and finance affairs of the company as the joint representative director.

In addition, from June 12, 2008, the defendant is responsible for the business affairs of the company as the representative director of the JJ for the purpose of the landscape lighting, general use and advertisement lighting, manufacturing and selling lighting equipment in the former Special Self-Governing Province I.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was committed by the Defendant as the representative director of the victim H, who was in the custody of the victim’s funds in the course of business. From July 11, 2008 to February 7, 2012, the Defendant arbitrarily consumed the victim’s funds by using the victim’s total amount of KRW 132 million to the Defendant’s personal account without going through lawful procedures, such as a resolution of the board of directors, without going through a resolution of the board of directors, such as an agreement on interest or maturity for repayment, and then, immediately, using the funds in the bank account in the name of Cho K for private purposes, including study funds, etc. from the time to June 24, 2016.

3. On April 14, 2016, the Defendant violated the Act on External Audit of Stock Companies: (a) in preparing and publicly announcing the financial statements for the fiscal year 2015 of the H of the K-2015, H of the K-A-B shall undergo an accounting audit conducted by an independent auditor pursuant to Article 2 of the Act on External Audit of Stock Companies; and (b) the representative director of the company and the director in charge of accounting in accordance with Articles 7 and 13 of the same Act shall prepare and submit the financial statements of the company to the auditor.

another.

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