logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.07.27 2011고합1203
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. The defendant shall be punished by imprisonment for four years;

2. The charge of fraud among the facts charged in the instant case is acquitted.

Reasons

Punishment of the crime

The Defendant is the president of C Co., Ltd. (hereinafter “C”) who is a corporation listed on KOSDAQ from April 2006 to August 2007, and was in charge of the business of the company, such as raising, managing, and executing the company’s funds. D is the representative director of C from June 14, 2006 to November 13, 2006, who was in charge of C’s business with the Defendant, and E is the person who was engaged in the business of raising, managing, and executing the company’s funds as the vice president from April 2006 to August 207.

On April 18, 2006, the Defendant and D entered into a contract with F, the former owner of C on April 18, 2006, to purchase KRW 4.2 billion of C shares with management rights.

However, the down payment and intermediate payment out of the acceptance funds are procured in the corporate bonds market by providing the stocks of the stock company G held by D as collateral, and the balance was received in advance and provided as collateral and provided as collateral in the corporate bonds market.

After that, on April 28, 2006, the Defendant and D used bonds created through H, a corporate bond broker, to pay F the above transfer price to F, and completed the acquisition procedure of 4.2 million shares.

In addition, the Defendant conspired to embezzled C’s capital increase with capital increase for the repayment of D and the above corporate bonds.

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

A. On May 15, 2006, the Defendant and D of C’s C’s convertible bonds issued convertible bonds on May 15, 2006 and kept the amount of KRW 1,980,000,000 in the company accounts in the Olympic Branch of the Bank of Korea on May 15, 2006.

On May 16, 2006, the Defendant and D conspired and embezzled KRW 800 million out of the above payments in order to repay the obligation to I at the I’s office located in Jung-gu Seoul Central District Office 909.

B. C on July 11, 2006, the Defendant and D of the Overseas Bonds Fund in collusion, and July 11, 2006.

arrow