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(영문) 서울중앙지방법원 2016.07.08 2015고합1062
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

The Defendants partly revised criminal facts according to the facts acknowledged within the extent that they do not actually disadvantage the Defendants’ exercise their defense rights.

On December 2, 2013, the Defendants: (a) sold the instant factory at an auction, which is located on the land of 9587mm2, K-type 6372m2, K-type 21m2, L-type 319m2, and G-type 1m2, and J-type 1m2; and (b) during the auction of each of the instant real estate (hereinafter “the combination of each of the instant land and each of the instant factories”), which is located on the land of Ansung-si located in G (hereinafter “H”); and (c) obtained a proposal from a new corporation to jointly manage the said land at the auction.

On January 2, 2014, M&D Co., Ltd. (hereinafter referred to as “M”) operated by the Defendants and F (hereinafter referred to as “M”) entered into an agreement with M to the effect that M will jointly manage the purchase of tangible and intangible assets, such as H’s patent rights, gold-types, and machinery and equipment, Defendant A will take charge of raising approximately KRW 5-700,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Afterward, on January 12, 2014, the Defendants and F agreed that the Defendant and F shall settle the debt amount of H’s emult case (hereinafter “cost KRW 2.888,8830,000,000 and interest thereon) with the company specialized in the emult securitization of the emult case (hereinafter “emult case”) and shall take over KRW 2.173,000,000,000,000,000,000,0000,000,0000,000,000,000,0000 won, after participating in the auction procedure of each of the instant real property, and shall receive the remainder of the amount calculated by subtracting the amount of debt acquisition from the amount of dividends to be paid

2. A corporation around 12.

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