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(영문) 대전지방법원 2013.11.14 2012고합198
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who serves as the representative director of G Co., Ltd. (hereinafter “G”) in F at the time of official residence.

Around April 9, 1999, the Defendant received shares 9,600 shares of G from the victim H in title trust, and entered them in the name of the Defendant in the register of shareholders. The above 9,600 shares became 32,00 shares with each of the victim’s funds around April 18, 200 and December 5, 2000.

Around March 30, 2001, the Defendant received additional title trust 30,000 shares G shares, which had been suffering from a disaster, such as the name of the victim, Co., Ltd. (hereinafter “I”), and entered the total of 62,000 shares in the register of shareholders in the name of the Defendant. The above 62,00 shares were 15,00 shares issued with each of the victim’s funds, around May 11, 2001 and around December 5, 2001.

In addition, around October 23, 2002, the Defendant received under title trust shares of 195,000 shares of G from the victim, and changed to the current trade name on April 8, 2009, by the Defendant’s wifeJ, K, L, and M [K around 2003, and L were once the Defendant and its wifeJ in case of shares, and M was once the shares were sold, and M was changed to the current trade name.

) Each transfer was registered as a shareholder.

As a result, the defendant was in the position of keeping share certificates of 350,000 shares (15,000 shares).

However, around September 5, 2006, the Defendant entered into a sales contract to transfer the above G stocks to R at his own discretion without the victim’s permission at the office of Gangnam-gu Q Building R Co., Ltd. (the trade name was S Co., Ltd. at the time, and was changed to the trade name as of January 15, 2009; hereinafter “R”) and transferred the said stocks to R without the victim’s permission in order to secure its implementation, and the Defendant established a pledge of the R’s title on the said stocks and transferred the said stocks to R.

As a result, the Defendant provided the share certificates equivalent to KRW 350,00 of the above G shares kept in custody, market price of KRW 31,762,850,00, and embezzled them as security to R.

2. The defendant and his defense counsel's assertion.

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