특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for four years.
Punishment of the crime
[Criminal Power] The defendant was sentenced to a suspended sentence of three years in Seoul High Court on June 14, 2007 for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).
【Criminal Facts】
The Defendant is an actual management owner of Company I (hereinafter “I”) from February 2, 2009 to June 2010, and is a person who made a final decision in relation to the business, personnel, and financial affairs of the said Company.
On December 2008, the Defendant served as the representative director from April 14, 2009 to February 9, 2010, and before that, K served as the representative director. In addition, the Defendant agreed to acquire the I’s management right from K from K of the representative director at the time of the acquisition amount to KRW 1.7 billion, the Defendant borrowed 2.2 billion out of the acquisition amount to the bond company, and provided the 14.8 billion won to the bond company with the shares issued by offering new shares to a third party by means of the best payment.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) - The Defendant related to L stocks agreed to provide 819,000 shares of K and L Co., Ltd. I (hereinafter “L”) owned by the representative director at the time in borrowing money from M to raise KRW 1.7 billion out of the I management right acquisition deposit of KRW 2.2 billion.
On December 23, 2008, the Defendant purchased L/C shares 819,000 from 2004 to 2008 at the victim I head office located N in Ansan-si, the Defendant purchased L/C shares for the purpose of investment from 2004 to 2008. The total holding quantity as of the end of December 2008 was 819,000 shares of the above L/C as a personal liability of the Defendant. While the Defendant was in his/her business custody on December 2, 2000 shares, he/she issued 819,00 shares of the above L/C to the bond company M as security.
Accordingly, the defendant embezzled the property owned by the victim in collusion with K.
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