logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.30 2013고합1363
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On November 2012, the Defendant, as the representative director of C (hereinafter referred to as “C”), received a proposal from D to acquire the management right by taking over 2,852,737 shares of the victim company E (19.22% of the total number of outstanding shares) in the name of D, a manufacturing company for the use of forged land and paper (hereinafter referred to as “victim”) from D, and then paid 2.7 billion won of the acquisition price of shares to F, other investors, and paid 2.5 billion won of the down payment out of 2.6.2 billion won of the acquisition price of shares, and paid 23.5 billion won of the remainder from the credit service provider, from the temporary general meeting of shareholders, after the Defendant was appointed as the representative director of the victim company, the victim company and the deposit certificate, the ownership of the victim company, were offered as security.

On January 11, 2013, at the temporary general meeting of shareholders of the victim company held around 09:00, the defendant, D and G have been appointed as each representative director of the victim company, and the defendant and G have overall control over all the affairs related to the management of the victim company, including the financial management of the victim company.

1. Embezzlement the certificate of deposit;

A. The Defendant of embezzlement equivalent to KRW 19 billion in the certificate of deposit was D, along with D, offered a certificate of deposit equivalent to KRW 7.9 billion to him/her as security while borrowing KRW 9 billion from credit service provider I and borrowing KRW 9 billion from the credit service provider J as security in order to pay the purchase price of the shares that he/she acquired from F for the victim company while obtaining a certificate of deposit equivalent to KRW 23.4 billion in the name of confirming the principal assets of the victim company from F under the pretext of confirming the principal assets of the victim company. The Defendant borrowed KRW 9 billion from credit service provider I as security and offered the certificate of deposit equivalent to KRW 9.9 billion in the name of the victim company to him/her, and borrowed KRW 4.0 billion from the credit service provider J. and borrowed KRW 4 billion.

arrow