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(영문) 서울중앙지방법원 2019.06.14 2004고합179

특정경제범죄가중처벌등에관한법률위반(횡령) 등

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is that the Defendant, while substantially managing C and D Co., Ltd., and the said Company acquired the shares and the right of management from E on August 22, 2001, and actually engaged in the F Co., Ltd. on the ground that G as the representative director.

On December 24, 200, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) was demanded on December 28, 2000 to prepare a lease contract as if the Defendant received 2 billion won of the deposit money for the rest of the guest rooms, other than the wedding hall already leased to other persons, from a major shareholder and the president, in order to repay the debt amounting to 4.5 billion won from D who was in bankruptcy due to the aggravation of the financial situation, such as that C was subject to the first default from the creditor bank due to the aggravation of the financial situation, and that H and C prepared a lease contract as if he received the deposit money for the remaining part of the hotel rooms, etc., other than the wedding hall, etc. which was already leased to other persons, and conspired with H and C to acquire the above hotel management right after the said lease contract was made as a lessee to the said hotel. < Amended by Act No. 6283, Dec. 26, 2000>

On December 28, 2000, the Defendant, at the office of the Co., Ltd. located in the Seo-gu Incheon Metropolitan City, issued a written lease agreement stating, around December 29, 2000, that “The Defendant shall transfer the right to receive rent for the lessees leased from Co., Ltd. D to the J, which is deemed to have paid KRW 200 million to the rest of the hotel, such as guest rooms, and shall have the right to lease in the J, for 3 years since it is recognized that the Defendant paid KRW 200 million without rental deposit,” in violation of his duty, as the actual manager of Co., Ltd. D, Ltd., which shall faithfully manage the above company’s property, to prepare the lease agreement. < Amended by Act No. 6303, Dec. 12: 2000>