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(영문) 울산지방법원 2015.12.04 2015고합156

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for two years.

20 million won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

1. Basic facts

A. The Defendant’s status D is a major shareholder who currently serves as the director and auditor of E Co., Ltd. (E on March 26, 2007; hereinafter referred to as “E”), and currently holds 49% of the E’s shares. Prior to the establishment of F Co., Ltd. (F on October 3, 2001; hereinafter referred to as “F”) and G Co., Ltd. (hereinafter referred to as “G”) and (hereinafter referred to as “G”) established on October 27, 2003; hereinafter referred to as “H”); and established H Co., Ltd. (hereinafter referred to as “H”) on August 28, 2008; hereinafter referred to as “H”); and was established on July 23, 2008; hereinafter referred to as “Establishment and Operation of K Co., Ltd. (hereinafter referred to as “L”); 1, 2009; hereinafter referred to as “M Co. 1, 2019; hereinafter referred to as “Establishment”).

The Defendant is a registration director or auditor of each of the above corporations including F and G from February 2005. From around December 8, 2010 to around December 8, 2010, the Defendant took overall charge of the management, finance, and accounting of each of the above corporations as a representative director D with D. Since September 201, the Defendant operated E independently from around September 201, and N (N) (hereinafter “N”).

O as F’s auditor and G’s representative director, it was in charge of accounting responsibilities of each of the above corporations established and operated by D.

B. On September 2005, P(representative Q) obtained approval from Ulsan Metropolitan City for a joint housing construction project (hereinafter “instant collective housing project”) with the content that “to select and construct an apartment construction company with 164 households, and officetels 72 households, from Ulsan-gu, Seoul-gu, and 30,000 square meters of a project site, from Ulsan-gu, and from Ulsan Metropolitan City, 164 households and officetels 26,218 square meters of a project site” (hereinafter “instant collective housing project”). During that process, the land purchase work was conducted against the subject land owners, and around September 6, 2005, KRW 4.4 billion from the New Savings Bank, respectively.