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(영문) 서울중앙지방법원 2013.10.15 2012고합906
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. The defendant shall be punished by imprisonment for two years;

2. Violation of the Commercial Act and fabrication of each private document among the facts charged in the instant case.

Reasons

Punishment of the crime

around July 2008, the Defendant acquired the Victim M Co., Ltd. (the first trade name of the Party was “K,” and on March 29, 2007, the trade name was changed to “M of the Co., Ltd.” on August 8, 2008, and “K of the Co., Ltd.” on January 19, 2009, respectively; hereinafter collectively referred to as “M”) and actually managed the management and execution of M’s funds.

1. Around August 12, 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) provided capital increase with M on August 11, 2008, and M’s joint underwriters raised KRW 12 billion, and the Defendant paid KRW 7.95 billion to M’s share capital payment account.

The Defendant, as above, puts the following seals while keeping M’s capital amounting to KRW 20 billion in business.

8. Around 12.12. Around M’s representative director, P had P withdraw the above 20 billion won, and he embezzled the amount of KRW 3 billion from which he arbitrarily used it for the purpose of personal repayment against the Defendant’sO.

[Defendants] The above KRW 3 billion Q Co., Ltd. (hereinafter “ Q”)

A) On August 14, 2008, in order to pretend as if the expenses were disbursed as business expenses following the conclusion of sales agency contract with Q, immediately deposited the funds in the account in Q’s name, and immediately deposited them to theO, and paid it to Q in the account of M. A. On August 14, 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on or around August 14, 2008, and embezzled the funds of M under the pretext of acquiring the shares of S Co., Ltd. from the office of M in the first floor of Seocho-gu Seoul, Seocho-gu, Seoul, under the pretext of accepting the shares of the S Co., Ltd. from around August 14, 2008.

3. Around September 10, 2008, the Defendant’s occupational embezzlement on or around September 10, 2008 is 100 million won under the name of the project cost to register from P, the representative director of M, as T’s subcontractor at the above office of M around September 10, 2008.

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