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(영문) 서울중앙지방법원 2013.11.13 2011고단4246

횡령등

Text

Defendant

A Imprisonment with prison labor for ten months and for two years, each of the defendants C shall be punished by imprisonment.

However, this judgment is delivered to Defendant A.

Reasons

On January 13, 2011, Defendant C was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court on March 2, 201, and the said judgment became final and conclusive on March 2, 201. On November 22, 2012, the Seoul Central District Court sentenced two years of suspension of execution to one year of imprisonment for a violation of the Illegal Check Control Act at the Seoul Central District Court on November 30, 2012, and the said judgment became final and conclusive on November 30, 2012, and Defendant A served as the auditor of the Victim Social Welfare Foundation I (hereinafter referred to as “victim Foundation”).

1. On May 2010, Defendants C had been discussed that they would take over the Victim Foundation to Defendant A in early 2010. However, Defendant A and Defendant A agreed to take over the Foundation in early 600 million won and transferred the amount of KRW 200 million to the J, the president of the Victim Foundation before the Foundation takes over the Foundation. Defendant A reported this fact to the J, the president of the Victim Foundation in the United States.

Defendant

C Before completing the acquisition procedure, the defendant A proposed that he would withdraw and use the money for the account of the victim foundation prior to the completion of the acquisition procedure, and pay the remaining KRW 400 million on June 30, 2010, and the defendant A accepted it.

Accordingly, Defendant A, a standing director of the Victim Foundation, received and kept the corporate passbook, corporate seal imprint, certificate of personal seal imprint, etc. from Defendant A, at will, prepared a proxy letter on the termination of a term deposit in the corporate account, and opened for the purpose of Defendant C to withdraw the money from the said corporate account by withdrawing the money from the said corporate account, etc.

Defendant A, at the request of Defendant C on May 17, 2010, prepares a power of attorney on the termination of a term deposit at the Yangyang-dong Branch of the Korean National Bank in Yeongdeungpo-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, on the name column, “Seoul city K, L, and name column”, “the termination of a term deposit” in the delegation column, “the date of May 17, 2010”, and “the delegating column.”