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(영문) 서울중앙지방법원 2013.10.31 2012고합1727
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant shall be innocent.

Reasons

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. The summary of the facts charged is that the Defendant served as the representative director of Q Co., Ltd. (hereinafter “ Q”) from July 5, 2007 to June 23, 2008. The Defendant was two major shareholders who held 7.81% (1,300,000 shares) of Q’s issued stocks from February 5, 2008 to November 10, 2008, and who actually operated Q.

Q, around March 5, 2008, agreed to acquire U’s management right and 5,484,430 billion won of U’s 5,550 billion won of U’s 5,484,430 won of U’s 5,50 billion won of the purchase of Q’s 1.2 billion won of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of the purchase of

The Defendant, upon acquiring the right of management of U, held a temporary general meeting of shareholders, appointed five of the nine directors to Defendant side, taken office as the representative director in the name of U, and controlled U as the actual operator of Q’s vice president, and used U to withdraw U U U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’

On March 7, 2008, the Defendant, at Q office located in Gangnam-gu Seoul Metropolitan Government for U by withdrawing KRW 6 billion from U’s new bank account with U’s name and kept it for U for his business purposes, embezzled by arbitrarily using the total amount of KRW 9.13 billion worth of U’s current capital over six times from that time to March 26, 2008, as shown in the attached list of crimes, as follows: (a) the Defendant voluntarily paid KRW 5.83 million from Q office located in Gangnam-gu Seoul Metropolitan Government to R as borrowed money and interest repayment for the purchase of the above U’s stocks; and (b) the Defendant embezzled by arbitrarily using the same amount of KRW 9.13 billion from that date.

B. The first claim by the Defendant and the defense counsel was failed to acquire Q, and Q was first made by Q to acquire Q.

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