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(영문) 서울중앙지방법원 2014.02.11 2013고합240
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. Defendant A’s imprisonment of two years and six months, Defendant B’s imprisonment of three years, Defendant C’s fine of KRW 10 million, and Defendant D.

Reasons

Punishment of the crime

Defendant

A on August 28, 2012, the Gwangju High Court sentenced seven years to imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and decided on December 27, 2012.

Defendant

B as a director of L Co., Ltd. (hereinafter referred to as “L,” “Co., Ltd.,” is a person in charge of overall management of L’s business, and on August 28, 2012, the Gwangju High Court sentenced three years of suspended execution to two years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), etc. of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which became final and conclusive on December 2

Defendant

C On November 18, 201, the Seoul Central District Court sentenced 1 and 2 years of suspended execution to a violation of the Securities and Exchange Act, which was decided on April 18, 201, as an actual operator of the KM (hereinafter referred to as the “M”), to a person in charge of overall management of M.

Defendant

D is a representative director of M.

1. Defendant A and B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) sold the parking lot site in Jung-gu Seoul Metropolitan Government N (hereinafter “instant parking lot site”) owned by the victim L to use the proceeds for the handling of defective loans by the KO (O).

Defendant

B on May 28, 2010, the instant parking lot site was sold to the Bank of Bankruptcy (hereinafter referred to as the “P”) in KRW 31 billion, and was kept in business after being paid 13.5 billion from P as the down payment and the intermediate payment. Around that time, the amount of KRW 1.1 billion out of the instant parking lot site was paid to the Defendant A, and the Defendant A arbitrarily used the instant parking lot site for O’s bad loans.

Accordingly, the Defendants conspired and embezzled the victim L 11 billion won.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by Defendant B

A. A. Around March 2010, the Defendant was in the custody of the amount equivalent to KRW 2.3 billion paid out of the victim L/C’s capital increase with capital increase. Around that time, the Defendant is a personal liability of KRW 2.247 billion out of that time.

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