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(영문) 서울중앙지방법원 2016.05.12 2015고단2866

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who actually runs a F Co., Ltd. (hereinafter “F”) on the ground that the representative director of D (hereinafter “D”) and wife E are one director under the name of D (hereinafter “D”).

On January 308, 2008, the Defendant entered into a contract with a Sinsan Heavy Industries Co., Ltd. (hereinafter “two industries”), a lender, a foreign exchange bank, etc., to build and sell “H building” on the land outside Seocho-gu Seoul in the asset-backed securitization method in order to carry out the business of constructing and selling “H building” on the land outside Seocho-gu Seoul in the so-called asset-backed securitization method. At that time, the Defendant established the Fund as an asset-backed company, and received the construction loans of KRW 120 billion against the third investors as securitized assets by acquiring the construction loans of KRW 120 billion from the two capital-backed assets-backed companies, and agreed to carry out the business through the issuance and sale of bills and notes against the third investors as securitized assets. On January 30, 2008, the Defendant entered into an entrustment contract with the Korea Exchange Bank and carried out the business of managing and operating securitization assets through the asset-backed assets management account opened in the name of the above bank.

Therefore, the Korea Exchange Bank established the F Asset Management Account (I) in the name of the company in charge of the management of securitization assets through the Securities Trust, and directly occupies and manages the passbook, corporate seal impression and password connected thereto, and directly performs the entrusted business such as the settlement of securitization company bills, the payment of fees to the accounting corporation. On May 201, 201, the Korea Exchange Bank is liable to compensate for losses of benefit due to delay in payment of D’s above loan obligations and the acceptance of overlapping debts, from the point of time when the normal progress of the above business becomes difficult due to the acquisition of indemnity due to the above repayment of the two industries from the end of May 201, the above Asset Management Account is based on F’s settlement such as the payment of fees to the accounting corporation.