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(영문) 서울남부지방법원 2012.12.07 2012고합720
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On July 28, 2009, the Defendant: (a) entered into a joint purchase contract with G Q Q, the largest shareholder and management right of F Co., Ltd. (hereinafter “victim”) of F Co., Ltd. (hereinafter “Co., Ltd. (hereinafter “Co., Ltd.”) at the request of E, the largest shareholder and the representative director of C Co., Ltd. (hereinafter “D”); (b) entered into a joint purchase contract with G Q, the largest shareholder and management right of F Co., Ltd. (hereinafter “damage Co., Ltd”) at KRW 20 billion; and (c) entered into a temporary general meeting of stockholders of the victimized Co., Ltd. on August 17, 2009. (d) On October 1, 2009, the Defendant assumed the largest shareholder and management right of the

From August 17, 2009 to March 18, 2010, the Defendant is the largest shareholder and representative director of the victimized company ordered by E. E, from August 17, 2009 to May 18, 2010, while serving as the substantial largest shareholder and representative of the victimized company, the Defendant managed all the overall management of the victimized company, including fund raising and execution; H, from September 17, 2009 to May 18, 201, as the general director of the victimized company, was in charge of overall management of fund raising and execution.

When acquiring a damaged company without equity capital, the Defendant and E, etc. conspired to embezzled the corporate fund by repaying the amount of 16 billion won borrowed from the bonds company's name to the bonds company R& et al. with the funds of the victimized company raised through corporate loans and the issuance of bonds.

1. Around August 24, 2009, the Defendant, along with E, borrowed KRW 7.9 billion from SSS Co., Ltd.’s office located in Jung-gu Seoul, Jung-gu, Seoul and borrowed KRW 7.9 billion from R of bond business operators, and on the same day, granted the said money to G as the price for acquiring the shares of G, at the office of the damaged company located in Seodong-gu, Jung-gu, Seoul.

On August 25, 2009, the Defendant, together with E, shall be a corporate bank in the name of the victimized company at the ewing Franchisium branch located in Dobong-gu, Sungsung-si.

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