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(영문) 서울중앙지방법원 2014.05.09 2013고단2539
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On December 2010, the Defendant: (a) around December 2010, the Defendant offered to E a new business, such as IT patents, and (b) offered to E a recommendation by the Defendant, in addition to the existing business with D Co., Ltd. (hereinafter “victim”) that operates a company that sells and maintains wired and wireless network equipment and security products of Geumcheon-gu Seoul Metropolitan Government building C, Geumcheon-gu, Seoul; (c) thereby, proposed E to operate the same business.

Accordingly, the Defendant received 50% of the shares of the victimized Company from E on February 2, 201, and entered into a contract to transfer 5% of the shares of Leb Communications Company (based on capital KRW 600 million) to E or E to a person designated by E. In relation to the operation of the victimized Company, the Defendant was in charge of investment and financial rights related to new businesses and sharing roles that E is responsible for the operation of the existing business division.

On February 6, 2011, the Defendant: “Around February 6, 2011, the Defendant opened a Maspbook with a limit of KRW 300 million and used it as a fund for the operation of the company for new business because it may require urgent funds when operating the business; and as such, the Defendant and E opened a Masp passbook with a limit of KRW 300 million in the name of the victimized company at the Japanese branch of the Bank around February 10, 201.

On the other hand, on December 2010, the Defendant: (a) a company that is engaged in the business of distributing electric wires came to fall short of the company operating funds; (b) offered to G, a real operator of the said company, “to obtain a loan from the Bank; (c) to obtain a loan under the name of the said company; (d) G, which lacks the company operating funds, consented to the Defendant’s proposal; and (e) the Defendant, at the location of a single principal debtor branch of the Bank at the Bank, established as the F and the representative director H (H, the nominal representative director of the said company); and (e) received a loan of KRW 300 million from the said Bank.

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