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Defendant
A Imprisonment for 4 years, for 1 year and 6 months, for 1 year and 10 months, for Defendant D, respectively.
(b).
Reasons
Punishment of the crime
I. On December 9, 2010, Defendant A was sentenced to the suspension of the execution of three years to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on December 9, 201, and the said judgment was finalized on December 17, 2010. Defendant C was sentenced to the suspension of the execution of three years to the Seoul Central District Court on October 21, 201, to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and to the suspension of the execution of two years and six months to the occupational embezzlement, and the said judgment was finalized on October 29,
Ⅱ The facts constituting the crime [2012 Gohap268] Defendant A, at the O office in Gangnam-gu Seoul Metropolitan Government P, offered Q, as collateral, the debentures, and the building and the site of the O, to Q Q as a bond manager, and ordered Q Q from Q to use Q as a collateral security holder, Q Q Q as a collateral, and established a collateral security right equivalent to five billion won on the building and site of the building and the site of the building in the Daejeon, Yan, and Q Q from Q to a new bank account in the name of O, while the maximum debt amount was transferred from Q Q to the new bank account in the name of O, he used the above funds for the purpose of unrelated to the O.
As a result, Defendant A, as seen above, arbitrarily used and embezzled O funds borrowed from Q from March 6, 2006 to January 4, 2007, as well as 1,866,012,90 won among Nos. 6, Nos. 7, 8, and 13 of the crime list Nos. 1,866,00 won among Nos. 6, No. 7,8, and 13 of the crime list Nos. 13 are crimes committed in collusion with Defendant C, and the remainder is the sole crime of Defendant A.
Over five times in total, 2,91,012,90 won of the O's funds were embezzled by arbitrarily using personal debt repayment, stock purchase price, etc.
[2012Gohap743] Defendant A purchased U shares 1,420,454 shares around June 2, 2005 as a major shareholder of U Co., Ltd. (hereinafter “U”) and a person who actually operated U as a major shareholder of U.S. (hereinafter “U”).