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(영문) 서울중앙지방법원 2016.02.17 2014고합1140
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On May 18, 2012, the Defendant was sentenced to one year and six months of imprisonment as a bribe offering crime at the Seoul Central District Court, and three years of suspended execution, and the above judgment was finalized on May 26, 2012. On September 4, 2014, the Seoul Central District Court sentenced imprisonment with prison labor for one year, two years of suspended execution, and fines of twenty million won, and the above judgment was finalized on September 12, 2014.

[2] On January 1, 2010, the Defendant agreed to take over the shares and management rights of the J Co., Ltd. (hereinafter “J”) in consultation with K by the actual operator of the cosmetic E-operator, who was known to the general public, at the request of F, that “the Defendant shall take over the shares and management rights of the J (hereinafter “J”) of 16 billion won,” which had been holding the status of a 10-year H 70 shop operation rights and I complex priority negotiating parties.”

On January 27, 2010, the Defendant got 2 billion won as the down payment for the above J shares and management rights underwriting contract from M in the E office located in Gangnam-gu Seoul, Seoul, and received 14 billion won in total as the intermediate payment for the J shares and management rights underwriting contract from PO of the victim in Songpa-gu N on February 1, 2010.

The defendant on January 28, 2010 and the same year

2.1. On February 11, 2010, K paid 12 billion won out of the above KRW 14 billion as part of the down payment and intermediate payment, and on February 24, 2010, the remaining KRW 2 billion was in custody of the victim. On February 11, 2010, Q issued KRW 1 billion to Q under the name of the investment money for acquiring the company’s “S” listed on the KOSDAQ in the R office located in Gangnam-gu Seoul Metropolitan Government P, and on February 12, 2010, issued KRW 100 million to Q under the name of advance payment for the right to occupy and depart in T Burial, and issued KRW 30 million to V under the name of advance payment for the right to occupy and join the store in the diving room as of February 24, 2010, by using KRW 540 million as the investment money in the company’s stocks as of February 24, 2010, for the purpose of the victim’s personal business funds owned by the Defendant.

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