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(영문) 부산지방법원 2016.01.22 2015고합411
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor for seven years, and for five years, for Defendant AW, respectively.

Defendant

A 530 million won from A;

Reasons

Punishment of the crime

The joint representative director and C (the six-year imprisonment was finalized on October 11, 2012) of the Company as well as the director and B (the three-year imprisonment was finalized on October 11, 2012) of the Company as the deputy head in charge of finance of the said Company.

I Co., Ltd. is a corporation established around June 200 in order for J, the representative director of Y Co., Ltd., to acquire and manage Y’s bonds and other assets in an equitable manner after being detained on suspicion of embezzlement of company funds (the so-called “YY situation,” which was bound by J, resulting in the loss of investors 6,532 totaling 2,28.4 billion won, resulting in failure to recover investments) and upon consultation with the Investment Council, etc., as an organization of victims, and to fairly distribute the assets such as Y’s bonds. The Defendants, while serving as the joint representative director of Y Co., Ltd., were responsible for all the affairs such as the management of the above company’s assets, and have duties to fairly distribute its assets to the victims.

Nevertheless, in collusion with C and B on March 2001, the Defendants established M Co., Ltd. separate from I Co., Ltd., and Defendant A Co., Ltd., and C Co., Ltd was appointed as the representative director, and I Co., Ltd voluntarily remitted or directly withdrawn part of the assets acquired from Y Co., Ltd.’s affiliates or J to the deposit account of M Co., Ltd., and intended to consume

On July 22, 2003, the Defendants, C, and B sold 4 lots of land owned by a private person, YOT, Busan Shipping Daegu BC, etc., which is owned by YOT, to GhFD, and deposit KRW 200,000,000,000 in total, including the down payment of KRW 100 million and the intermediate payment of KRW 100,000,000,000, into the deposit account (Account Number BD) of the National Bank of Korea (YO) of the YT, following the YT, from August 13, 2003 to August 28, 2008, including the fact that the above KRW 200,000,000 was voluntarily withdrawn and consumed, from that time, from that time, the total amount of funds owned by the victim I corporation, which was in business custody more than 13 times in total, as shown in the list of crimes.

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