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(영문) 울산지방법원 2012.02.17 2011고합11
특정경제범죄가중처벌등에관한법률위반(횡령) 등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) received each of the KRW 1.2 billion on November 2, 2006, and kept the total amount of KRW 1.2 billion on behalf of the victim in the above E office in the name of real estate investment in the victim F and Changwon-si, Ulsan-gu Office of "E" in the operation of the Defendant in Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City. The Defendant decided to purchase the victim F and Changwon-si Building, and had the victim keep the total amount of KRW 1.2 billion on behalf of the victim in the name of real estate investment in the above E office.

In this regard, the Defendant used 300 million won in arrears in capital gains tax amounting to 299,59,000 to the Port Tax Office on September 15, 2006, at will, the Defendant embezzled KRW 600 million in total by using the Defendant’s arbitrary use of the 300 million in repayment of down payment to the victim in the process of purchasing the Ha in Young-si prior to September 21, 2006.

2. The Defendant purchased the said G building with the investment of the said F and completed the registration of ownership transfer under the name of F F’s wife I, and managed the said building with J upon delegation by F. A.

On October 16, 2006, the Defendant, using the I’s certificate of personal seal impression and the certificate of personal seal impression issued around October 16, 2006, conspired with J to obtain a loan as collateral for the above G building and to use it for the Defendant’s repayment of the Defendant’s obligations to F.

On December 28, 2006, the Defendant gave the J a certificate of personal seal impression and I’s seal impression design, etc., which the Defendant had been under his custody, and the J, around December 28, 2006, shall prepare a proxy form under the I’s name that “as to the establishment of the right to collateral security of KRW 300 million against creditors, maximum debt amount, and maximum debt amount, shall be delegated to L judicial scriveners” for the purpose of exercising and exercising, at LA’s office located in K Building 302, and shall write the I’s name in the column of joint and several sureties.

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