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(영문) 수원지방법원 성남지원 2014.10.02 2013고합60
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

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

2. Of the facts charged against the Defendant, Honam-si H apartment 521, Sungnam-gu, Sungnam-si.

Reasons

Criminal facts

On November 23, 2012, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution under the Financial Investment Services and Capital Markets Act for violating the Financial Investment Services and Capital Markets Act at the Sungwon District Court's Sung-nam branch, and the judgment became final and conclusive on February 13, 2014.

From June 2002 to June 5, 2012, the Defendant was the representative director of K Co., Ltd. (hereinafter “K”) in Gangdong-gu Seoul Metropolitan Government J Research and Production Sale Business Group (hereinafter “K”).

1. Around March 31, 2008, the victim K concluded a strategic business partnership agreement with L Co., Ltd. (hereinafter “L”) on the business related to J research and biotechnology, and entered into an exclusive sales agreement with L, around July 31, 2008, to grant the exclusive sales right to M in possession of the victim K to L.

From March 25, 2008 to May 19, 201, the Victim K received KRW 2.3 billion in advance of L with respect to the right to sell exclusive products from L, and KRW 1.25 billion in total, KRW 3.5 billion in advance of the purchase of J products. On March 25, 2008, the Defendant: (a) transferred KRW 1.5 billion, out of KRW 3.5 billion transferred from L from L to the bank account in the name of the Defendant; (b) was transferred from March 25, 2008 to the bank account in the name of the Defendant for the purpose of the victim K; and (c) was embezzled for personal purposes by arbitrarily withdrawing from the bank account in the name of the Defendant from the bank account in the name of the Nonparty to the bank account in the name of Nonparty 3 428-6 on the same day; and (d) was embezzled for personal purposes by arbitrarily withdrawing from the bank account in the name of the Defendant to the cashier’s cashier’s checks.

2. On May 3, 2010, the Defendant purchased 100,000 shares of 50,000 won from 5 shareholders, such as the victim K's shareholderO, etc.

On June 17, 2010, the Defendant managed KRW 300 million of the Company’s funds as the representative director at the office of the Victim K, and during the course of business custody, the Defendant borrowed funds to the P, who is a director of K, from June 17, 2010 to June 16, 2013.

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