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(영문) 서울남부지방법원 2011.04.15 2010고합366
특정경제범죄가중처벌등에관한법률위반(횡령) 등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

On September 8, 2009, the defendant was sentenced to three years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the Seoul Northern District Court on September 8, 2009, and the above judgment became final and conclusive on May 13, 2010, and on June 25, 2010, the Seoul Central District Court sentenced five years of imprisonment to the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)

The criminal defendant of the "2010 High 366" was in office as a director of E, a corporation listed on the KOSDAQ, which had the head office under Article 804 of the building D in the Nam-gu Incheon Metropolitan City from November 21, 2007 to September 19, 2008. Among them, the defendant was in office as the representative director of the above company from December 31, 2007 to April 7, 2008, and was in general in charge of the overall business of the above company, and managed the fund of the company.

1. Around November 23, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) kept company funds of KRW 8.3 billion for the victim through the bank account (F) in the name of the victim E Co., Ltd. (hereinafter “E”).

During that period, the Defendant released KRW 8.3 billion from the above account as a check, and then acquired the right to operate the above implementation project from the I, the representative director of H, a corporation H, which operated the business of constructing G apartment at Nam-ju (hereinafter “instant business”), individually, and paid KRW 3.0 billion to the above I under the pretext of transfer, and used the amount of KRW 3 billion to K under the pretext of the repayment of the loan borrowed from J, a corporate bondholder, for the purpose of acquiring the above E, KRW 3 billion, KRW 1.3 billion for personal debt repayment, and KRW 1 billion for the personal debt repayment, and embezzled it at will using KRW 8.3 billion for the personal purpose.

2. The Defendant, on April 24, 2008, continued to offer capital increase with 10 billion won through the offering of capital increase through a third party allotment method. A. The Defendant paid capital increase with capital increase exceeding 10 billion won.

Pursuant to the Commercial Code, it has been violated.

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