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(영문) 서울고등법원 2015.02.12 2014노2412

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of mistake 1) The Defendant is C Co., Ltd. (hereinafter “C”).

(A) or D (hereinafter referred to as "victims" in general);

E Co., Ltd. (hereinafter “E”).

(3) The Defendant provided shares of KRW 10,000 as security and lent KRW 5,00,000,000 to lend to the Defendant, and the Defendant’s side is the victim’s share of KRW 8,928,982 (hereinafter “instant share”).

A) On August 12, 2013, when offering as security and borrowing KRW 2 billion, the Defendant agreed to rescind a monetary loan agreement with the Defendant at around 12:00,000 on August 12, 2013, and the victim returned KRW 2 billion to the Defendant, and the Defendant agreed to return KRW 2 billion to the Defendant at the same time. Nevertheless, it is unclear whether the victim would not be able to use KRW 2 billion and return it to the Defendant, and the victim would provide the Defendant with all of KRW 892,00,000 as security instead of borrowing KRW 2 billion from the Defendant on August 12, 2013 (hereinafter referred to as the “instant agreement”).

The date of preparation is August 16, 2013, but the actual date is August 12, 2013.

(2) On August 8, 2013, the Defendant borrowed KRW 2.3 billion from L, and the Defendant is deemed to have borrowed KRW 4,310,00 among E’s shares (hereinafter “instant 4.31 million shares”).

) Although the victim offered L as security, how is the victim would prepare 4.1 billion shares of E and return all E shares to the victim. However, the victim did not pay KRW 2.1 billion to the victim. However, the victim did not pay KRW 2.1 billion on the part of the victim, “the victim waived the loan claim of KRW 2.1 billion, the defendant renounced the loan claim of KRW 4,618,982 (hereinafter “the 4.610,00 shares”).

because it was required to return it, it was rejected.

The defendant has lent 2 billion won to the victim.