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(영문) 서울북부지방법원 2018.10.19 2015고합282

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from December 6, 2011 to March 5, 2014, C was serving as the representative director of D Co., Ltd (hereinafter “D”) who is a major shareholder and the chairperson of D (hereinafter “D”).

At the above D office located in Seodaemun-gu Seoul Metropolitan Government around January 25, 2013, the Defendant: (a) deposited the above D shares 60,000 shares (10,000 shares per share) owned by the victim C in trust with the victim’s above D shares 60,00 shares (10,000 won per share) for the victim; (b) deposited the above D shares for the victim’s damages to the Fent Office’s treasury; (c) ordered the employees in charge of the above General State around March 5, 2014; and (d) kept the above share certificates at the Defendant’s home with the owner’s office at around April 10, 2014; (d) entered into a contract with F&G and the representative director at will to sell the above shares 60,000 or 500,000 won to the victim’s shares to the F&G and the above 60,000 shares (hereinafter the above shares are to be sold to H. 600,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written complaint, list of shareholders, trust agreement in the name of shares, D share certificates, and sales and purchase contract of shares;

1. Application of Acts and subordinate statutes to each investigation report (Submission of detailed details of use of suspect stock sales proceeds, accompanied by a report on D Actual Value Evaluation); current status of sales proceeds of stocks; current status of sales proceeds; current status of deposit payments; repayment of loans; and the report on D Actual Value Evaluation of Stock Companies

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 13719, Jan. 6, 2016); Article 355(1) of the Criminal Act concerning the crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for a year and six months from February to February 15.