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(영문) 서울고등법원 2012.12.14 2012노1837
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Of the convictions against the defendant of the judgment of the court of first instance, the financial statements of AD for the fiscal year of 2005 shall be divided accounts.

Reasons

1. Scope of the judgment of this court;

A. The record reveals the following facts.

① On November 9, 2010, the prosecutor of the first instance judgment changed the name of the Defendant to “DM”, and thereafter changed to “DM” on August 28, 2007, with respect to the acquisition of each stock company which was the assets of the CJ (hereinafter “CJ”) by the Seoul Central District Court Decision 2010Gohap1470, and each stock company which was the assets of the CJ (hereinafter “CJ”) by the DJ Co., Ltd. (hereinafter “CJ”) as to the real estate, which was the assets of the CJ, before July 25, 2006.

(See Supreme Court Decision 2010No. 1013, No. 117838, Dec. 3, 2010; 291Du117838, Jun. 21, 201).

Before July 25, 2006, the trade name was changed from "AM" to "AD, due to the misappropriation, CD, CK, CK, CL, CM, CN, and CO giving improper assistance to AG due to the release of funds from the leased name.

“AD” is only referred to as “AD.”

In the case of violation of the Securities and Exchange Act due to the order of stock price manipulation, breach of trust due to the use of CX, CY high-priced purchase of CY, CP, and Q Q, embezzlement due to voluntary consumption, such as using the proceeds from sale of part of the purchase to redemption of the Defendant’s personal debt, violation of the Act on External Audit of Stock Companies through Division Accounts of 2007, AD’s loan fraud using financial statements for the fiscal year 2007, violation of the Securities and Exchange Act due to the acquisition of unjust enrichment from the purchase of AD stocks, breach of trust due to the low price of the CO owned vessel, embezzlement due to the sale of the CW corporate fund, and embezzlement due to the use of CW corporate fund for the repayment of the principal and interest, and embezzlement of the proceeds from sale of CW vessel and its subsidiaries, the Seoul Central District Court on December 16, 2010.

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