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(영문) 서울중앙지방법원 2013.04.05 2012고단5867

업무상횡령

Text

Defendant

A As to the crimes set forth in Section 4.A of imprisonment of two years, Defendant B and C, and Defendant D, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of H as the petitioner-gun G Co., Ltd. (hereinafter referred to as "H") from February 1, 2006 to January 31, 2010. Defendant B is the director of H from April 1, 2003 to January 31, 2006, the managing director from February 1, 2006 to February 28, 2007, the general director from March 1, 2007 to January 31, 2010, and the suspended execution of H from the Seoul District Court from February 208 to 208 (the 20 years of imprisonment with prison labor from October 1, 2003 to 208, and the 20 years of H and the 20 years of 3 years of suspended execution as the managing director of the Korea District Court (the 20 years of 3 months of suspended execution).

1. When Defendant A and B’s H fund embezzlement president L used or embezzled the H fund of KRW 1.961 billion in order to repay his joint and several surety obligation in 2003 through 2004, as well as Defendant A and B’s embezzlement of arbitrarily used or embezzled the H fund of KRW 1.961 million in order to discharge his joint and several surety obligation, and when Defendant A and B were indicted on or around June 2, 2006 from the Suwon Prosecutors’ Office as a criminal case issue related to the company run by himself and tried to undergo a trial, Defendant A and B were able to promptly release L, which is the actual owner of H and Defendant B, as bail, and obtain the results of the last favorable trial.