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(영문) 서울중앙지방법원 2014.06.05 2013고합1421

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year and six months.

Reasons

Punishment of the crime

Defendant

A is a financial director who has been in charge of financial affairs, such as financing, at H (the trade name after the change: I; hereinafter referred to as “H”) of the victim G management company, and Defendant B is a person who has been in charge of stock management, public disclosure, etc. at H as a deputy head of the financial team.

1. On April 19, 2010, the Defendants: (a) provided the Victim’s H shares 5,155,846 shares as collateral and leased KRW 3,000,000 to K as collateral; (b) returned shares 3,635,846 shares offered as collateral by J around May 19, 2010; (c) provided 3,634,08 shares as collateral to L operator of the Credit Business chain as collateral; and (d) borrowed KRW 3,50,000,000 to K with borrowed KRW 3,50,000,000,000 won; and (b) provided the Defendant with the acquisition cost of KRW 1520,000 shares owned by the Victim, which were returned by J around July 8, 2010; and (c) provided the Defendant with the acquisition cost of KRW 1529,920,000 among the above shares owned by the Victim at N in Seoul, Jung-gu as collateral.

Accordingly, the Defendants conspired and embezzled 920,000 shares owned by the victim of H 1.9 billion won.

2. Defendant A’s crime;

A. Around August 18, 2010, Defendant A received KRW 290 million from H office located in Dongdaemun-gu Seoul (O) as part of the victim’s loan obligations, and kept in custody for the victim. At around that time, Defendant A’s occupational embezzlement was embezzled by arbitrarily using Defendant A’s acquisition cost, etc. for the victim’s acquisition.

B. On September 29, 2010, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) trading against shares offered by M as security for the victim’s loan obligations at the coffee shop near L in Jung-gu Seoul, Seoul.