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(영문) 서울중앙지방법원 2013.10.15 2013고단2161

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

(State)The Defendant is a person with the authority to manage the Company's funds as the head of the casino headquarters, who has kept the Company's funds for business purposes.

On April 11, 201, the Defendant entered into a contract to acquire KRW 2.8 billion per share of the victim’s company from H on April 11, 201, with a view to increasing the friendship shares of management at the time when the victim (State) D had been engaged in the business for the victim company in the custody of KRW 3.0 billion invested by F, an investment company, and the victim (State) D had attempted to engage in large M&A with respect to the victim company. On the same day, the Defendant: (a) entered into a contract to acquire KRW 7 million per share of the victim company from H, who was a shareholder of the victim company, and (b) embezzled KRW 300,000,000 per share by paying the victim’s funds to the said H voluntarily as the down payment under a stock acquisition contract.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant, J or K;

1. Statement made by each prosecutor's office on L or M;

1. A protocol concerning the examination of each police suspect against N,O, or P;

1. Statement of each police statement of Q, R and S;

1. Application of Acts and subordinate statutes to a copy of passbook and a copy of the F loan;

1. The sentencing guidelines under Article 355(1) of the Criminal Act of the relevant criminal facts are applied to the crimes of this case. The sentencing guidelines are applicable to the crimes of this case among types 2 (type 100 million to less than 500 million won). The sentence of this case is inevitable in light of the fact that the amount of the company funds useful for the defendant does not amount to KRW 300 million up to the date of damage recovery. In addition, in the meantime, the defendant's punishment is inevitable in view of the fact that the defendant was committed at the time of the crime, and there is no criminal records, and the crime of this case is not for the purpose of reverting to himself, but for the purpose of securing the friendship shares of management in the situation where the adequate M&A is attempted for the victim company.