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법무법인바른 사이트는 IE11이상 혹은 타 브라우저에서
정상적으로 구동되도록 구현되었습니다.
익스플로러 10 이하버전에서는 브라우저 버전 업데이트 혹은
엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.
익스플로러 10 이하버전에서는 브라우저 버전 업데이트 혹은
엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.
The client is the head of a joint-stock company engaged in the business of manufacturing textiles and fabrics, and owns 97% of the shares, effectively running the company as a single shareholder company.
The minority shareholders, who held 3% of the company's shares, had a hostile relationship with the client, and in order to pressure the client, they obtained the company's documents through the accounting book search and prepared a criminal complaint against the client.
The hostile minority shareholders analyzed the data obtained through the accounting record search and accused the client of paying lawyers' fees for personal cases using company money, paying money owed for losing personal cases using company money, paying salaries to their wives and daughters after listing them as company officers, using corporate credit cards for personal use, and paying rent for personal office space using company money.
As the company practically operates as a one-shareholder company, embezzlement caused by personal use of company money could be an issue.
Regarding the allegation of spending company money on a personal legal case, we emphasized that the case could not be considered unrelated to the dispute related to the establishment of the company and was in fact a lawsuit related to the company. In addition, we found and submitted evidence showing that the family members performed their roles as officers of the company.
In addition, in the case of corporate credit card use, we categorized each item and argued that expenditures that may seem suspicious at first glance were paid for the company. For items that could objectively be seen as personal expenditures, he admitted it, and we explained the circumstances under which such expenditures were made. During the investigation, we also convinced the investigators that it was difficult to admit the criminal intent by actively convincing them that he would return the money to the company.
As the client operated the company as a one-shareholder company, personal use of company expenses could have been a problematic issue. However, it is significant that the client was acquitted of all seven charges through our prompt and proper assistance.
□ Attorneys in charge: Song Kil-dae, Sung Su-in