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(영문) 서울남부지방법원 2019.02.15 2018고합349
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A and B shall be punished by imprisonment for one year and six months, by imprisonment for defendant C, by two years, and by imprisonment for one year, respectively.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendants' exercise of their right to defense.

Defendant A (Defendant A, B, and C) is the representative director of E (hereinafter referred to as “E”) who is engaged in passenger transport service, and Defendant A, B, and victim F agreed to operate passenger transport service as a joint representative director around July 1, 2015, and the victim and B resigned from the joint representative director around May 17, 2016.

On the other hand, Defendant C is a person engaged in bus trade, brokerage, etc. as the representative director of Company G (hereinafter “G”), and Defendant C is a person who served as a transferee in the name when Defendant C sells E.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (hereinafter “E”), around July 14, 2015, Defendant A changed the trade name of H building in Seongbuk-gu, Sungnam-gu, and I, a stock company with the second floor as its main office, into E on June 22, 2015, and registered the transfer of ownership under E (hereinafter “seven bus”) from the victim, a joint representative director, who is the joint representative director of E (hereinafter “E”), around July 14, 2015.

However, the Defendants and D, at the G office operated by Defendant C, located in Ansan-si, the members Q around April 2016, to acquire the bus and passenger transport service license in the name of E including the seven bus bus in this case owned by the victim, and to resell it to another place. Defendant B, with the above acquisition price, decided to recover the investment amount of E, and to mutually plan to lend the name and receive the price. Defendant A entered into an agreement to sell KRW 90,000,000 to D, the transferee of the bus in the name of the Plaintiff, and on May 23, 2016, Defendant A entered into an agreement to sell KRW 90,000,000,000 with the name of the transferee of the bus in this case.

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