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(영문) 서울중앙지방법원 2010.10.22 2009고합1182
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant E shall be punished by imprisonment with prison labor of one year and six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A worked as the head of the Busan branch office from November 200 to June 30, 2005 at AE Co., Ltd. (hereinafter referred to as “AE”) established for the purpose of cargo transportation, cargo loading and unloading, warehouse business, etc., and controlled the accounting and management of the Busan branch office. From July 1, 2005 to June 30, 2005, AE performed general control over the accounting and management of the entire AE while serving as the legal manager or the president of the AE’s office.

Defendant

E is a shipping ship company in the People's Republic of China, a shipping company in the People's Republic of China (hereinafter "AF"), a shipping ship company in the People's Republic of China, a company that will select a company that will examine containers loaded with a ship transported domestically by AF and enter into a contract with the company and AF, or enter into a direct contract with AF on behalf of AF with a loading and unloading storage company in Korea or tallying company in Korea (hereinafter "AF"), and engages in the management of AG as the representative director from March 28, 199 to September 28, 2005, and from March 199 to September 28, 2005, while serving as a full-time director.

209, 1198

1. Defendant A’s occupational embezzlement around July 2005: (a) knew that Defendant A deposited AE corporate funds in the Jeju Bank account (AH) in the name of AE Busan branch office in the name of AE Busan branch office, which was kept for the company, were withdrawn for shipping and unloading charges, container loading and unloading charges, etc.; and (b) instructed Defendant A to directly provide Defendant A with part of the extra funds created by the Busan branch office in Switzerland as the payment for the conclusion of loading and unloading contracts with the AI, a shipping company that has its main office in Switzerland (hereinafter “AI”).

Defendant

A In return for the conclusion and renewal of a contract with AI for a total period of 14 months from August 2006 to November 2006 and from January 2007 to October 2007, AJ Co., Ltd.

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