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(영문) 서울남부지방법원 2016.12.09 2016고단3051
업무상횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[Criminal Power] On April 3, 2014, Defendant A was sentenced to two years and six months of imprisonment with prison labor and three years of suspended execution in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on the 11th of the

【Criminal Facts】

Defendant

A is a person who actually operates Co., Ltd. E (hereinafter referred to as “E”) for the purpose of gold-type manufacturing business, etc., and Defendant B is a person who, around April 23, 2012, established the Victim F Co., Ltd. (hereinafter referred to as “victim”) after acquiring the business rights of Defendant A from Defendant A, and has overall control over the overall operation of the company, including fund management, as a representative director.

1. The Defendants’ co-principals discontinued ex officio due to the default of value-added tax, etc., and Defendant A was unable to establish a new company with bad credit standing, and acquired E’s goodwill by establishing a victim company under the name of Defendant B. Defendant A, instead of receiving the corporate transfer proceeds, did not receive the corporate transfer proceeds, would receive the individual debt repayment cost from Defendant B with the funds of the victim company’s corporate funds from Defendant B, and Defendant B conspired to use the corporate funds by paying the corporate funds to Defendant A’s creditors, even though it was aware that the acquisition cost was the cost of paying the individual debt, under

On June 1, 2012, the Defendants: (a) transferred KRW 12,00,000 out of the funds of the victim company’s corporate bank account (I) in the name of the victim company at the office of the victim company located in Geumcheon-gu Seoul Metropolitan Government Building 105 to the bank account in the name of the victim company (I); and (b) again, transferred the funds to the bank account in the name of the victim company in the name of the defendant B; and (c) again, used them to repay the debt of the defendant A to the account in the name of the creditor K bank account in the name of the creditor of the

The Defendants conspired to do so, and are as shown in the annexed Table 1 from the above date to October 31, 2012.

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