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(영문) 서울서부지방법원 2014.09.30 2014고합156
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On February 2, 2000, the Defendant was employed as D members of the Dong Daily Management Support Bureau, and was in charge of F’s fund management, stock holding management, accounting management, etc. as E members of the incorporated foundation from around 2008 to January 201.

On November 6, 2009, the Defendant offered 205,589 shares owned by the victim as security at financial institutions and embezzled 4,99,000,000 won as follows: (a) during the course of business keeping 91,075 shares of Samyang Co., Ltd., Ltd. (hereinafter “Tyang”) owned by the victim foundation F on behalf of the victim for the victim, at the office of Dongyang-si E in Jongno-si, Jongno-gu, Seoul, Jongno-gu, Seoul (hereinafter “Tyang”) around November 6, 2009, the Defendant offered 91,075 shares as security and received 2,000,000,000 won from that time until January 8, 2010.

(1) A summary of the evidence of 350,000,000 Duyang Co., Ltd. and 640,000 Duyang Co., Ltd. and 640,000 Duyang Co., Ltd. and 25,128 Duyang Co., Ltd. and 350,000 on December 23, 2009 on December 6, 2009; 13,661 1,000 Duyang Co., Ltd. and 13,661 on January 6, 2010; 37,410,500 Duyang Co., Ltd. and 200,000 Duyang Co., Ltd. and 37,411 5,000,000 Duyang Co., Ltd. and 38140,390,000 Duyang Co., Ltd. and 2050

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of interrogation of the defendant

1. Part of each police interrogation protocol against the defendant

1. Each police statement concerning G;

1. The president of the H’s complaint;

1. Investigation report (Submission of data on the complainant);

1. Personnel record cards, the details of occurrence and repayment of F Share Loans, the details of withdrawal of suspects, and the application of Acts and subordinate statutes on loan details of suspects;

1. Determination as to the defendant's assertion on the relevant criminal facts under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act

1. The gist of the defendant's assertion is that the defendant offers three-dimensional shares as security.

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