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(영문) 서울중앙지방법원 2016.07.06 2015고단3683
횡령미수
Text

The defendant shall be innocent.

Reasons

1. The Defendant served as a director of the Victim D Co., Ltd. (the representative director: E; hereinafter “victim”) from May 31, 2007 to January 29, 2008.

In the middle of October 2007, F, a de facto manager of the victim company, obtained a share of KRW 1,463,415 and KRW 3 billion in the name of G (G, representative: H; hereinafter “G”) in the name of Hong bean company (hereinafter “G”) and received a share of KRW 975,610 and KRW 2 billion in the name of the same I (I: J: hereinafter “I”) and paid a sum of KRW 5 billion in the above new shares by borrowing KRW 5 billion in the name of K and L around the 16th of the same month, and thereafter repaid the above borrowed amount with the deposit of the victim company, and the representative director managed the shares acquired in the name of the above company, and therefore, G and I were in the position of keeping the above shares in order to the victim company.

The defendant, around January 2008, embezzled the public funds of the victim company and escape abroad, making it difficult to recover the claim amounting to approximately KRW 4 billion against the defendant F in the amount of KRW 4 billion.

On July 2008, the Defendant, a representative of G with a usual friendship, proposed that H and J, a representative of H and I, who is the representative of H and I, be informed of the acquisition of the shares of the victim company in their name and sell the shares. The above representatives accepted the Defendant’s proposal.

H and J around July 15, 2008, at the office located in the Hongpean on the part of the defendant, the victim's shares (the shares in question were reduced mainly by 146,341 shares, 97,561 shares, respectively, around July 14, 2008, by 146,341 shares, and 97,561 shares in the name of G and I.

The shares of this case (hereinafter referred to as "the shares of this case") are each requested to be disposed of, and the employees of this case are in leisure Dong-dong Seoul Metropolitan Government on the same day.

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