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(영문) 서울중앙지방법원 2012.05.04 2011고합440
특정경제범죄가중처벌등에관한법률위반(횡령) 등
Text

Defendant

A Imprisonment with prison labor for seven years, for two years and six months, for Defendant C, and for one year and six months, respectively.

(b).

Reasons

Criminal facts

10

1. Embezzlement of Defendant A’s victim AI-affiliated fund holding company (the charges No. 2011 high-class 440, No. 2.2) 10

(a) Embezzlement of corporate funds 10;

(b) Embezzlement of stock certificates owned by a corporation 11;

C. Conclusion 11

2. Embezzlement of Defendant A’s victim AJ-a-bea-bea-bea-bea-be-bea-be-be-be-bea-be-be-be-be-be-be

(a) Embezzlement of securities owned by a corporation 12;

(b) Embezzlement of corporate funds; 12;

(c) Embezzlement of corporate funds (expenses for interest on loans on stock security in the name of employees);

(d) Embezzlement of corporate funds 13;

E. Conclusion 13

3. The charge of occupational breach of trust by Defendant A with respect to a decision-making bank of AJ, No. 2011 high-class 440

II. 5.13

(a) The Institute of Bank Resolution.com-related breach of trust 13

(b) A trust in relation to a mutual savings bank, which shall be 14;

C. Conclusion 14

4. Market price manipulation in relation to the development of gold mines by Defendant A, C, and D and the facts charged against unfair trading 201 high-class 440

III and the facts charged in accordance with 201Gohap514 III. 14

A. Market price manipulation and unfair trading with regard to the development of gold mines 14

B. Market price manipulation and unfair trading with respect to foreign investment 18

C. Conclusion 19

5. Breach of trust in relation to the issue of capital increase with respect to the issue of capital increase with respect to July 14, 2005 by Defendant A-victim A-A-A-Co-ownership agreement (the charge No. 2315, Jan. 2, 201)

6. Judgment on Defendant A’s assertion on the assertion of Defendants and their defense counsel as to the summary of the evidence 22-related Acts and subordinate statutes applicable to the forgery of private documents and the uttering of private documents (201Gohap 514 No. 2.2440, Feb. 4, 201)

1. The part concerning the embezzlement of funds and stock certificates by Defendant A’s victim AI corporations (the charges No. 2011 Gohap440, Feb. 2, 201) 30

(a) The part concerning the corporation's capital 30

B. Embezzlement part 38

2. Embezzlements of Defendant A’s victim AJ-a-bea-bea-bea-be-be-be-be-be-be-be-be-be-be-be-be-be-be

A. The overall argument of the defendant and his defense counsel 40

B. Whether it constitutes an error in law 42

C. Standard for determining the embezzlement of this part 431) The existence and scope of the defendant's claim for reimbursement against the victim company 432) Whether the defendant is in the position of keeping the funds of the victim company 573) the defendant withdraws the funds of the victim company 584).

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