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(영문) 서울남부지방법원 2015.07.02 2015고합140
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant served as a director of Section II corporation from September 2010 to March 2012, and the victim IJ corporation (hereinafter “victim company”) is a corporation with the purpose of real estate sales business and implementation business.

On December 12, 2010, the Defendant introduced the Chairperson IK, etc. of the victimized Company through a police officer, introduced the representative IL Co., Ltd. IMF to transfer the right of management and stocks to the side of the victimized Company, decided to transfer the right of management and stocks between IMF and the victimized Company, and arranged to transfer or acquire them on January 10, 201.

The Defendant promised that IK, the president of the victimized Company, will bear the ability to manage funds and pay fees upon completion of the above agreement, and the Defendant first used the funds received from the victimized Company for the repayment of personal debt, market price, etc., and used the funds received from the victimized Company for the settlement of the said funds later.

around December 14, 2010, the Defendant, while receiving KRW 10 million from the victimized company to the new bank account in the Defendant’s wife HS, was used at will to repay the individual debt, and then embezzled KRW 601,200 on the same day from around that time to June 10, 201, using KRW 1,842,70,00 in total 148 times as shown in the separate list of crimes, while being transferred from the victimized company to the Defendant’s new bank account in the above HS and the Defendant’s new bank account from around June 10, 2011, the Defendant embezzled KRW 1,86,459,645 in total on 148 occasions as described in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to IK;

1. Copy of corporate register, management right and share acquisition agreement, additional written agreement, cash storage certificate, statement of execution of funds, structure of acceptance and schedule, transaction details of new banks ( HS, C), copy of transaction details of new banks (use details) and account of new banks submitted to C with investigation report;

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