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(영문) 서울중앙지방법원 2013.05.23 2013고합324
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is a general fund manager of D (hereinafter “D”) among the company-type funds managed by Tribidge Capital Management Limited. Since D funds collect assets from investors and manage them in the manner of investing them in bonds, commercial papers, derivatives, telephone spons, etc., and do not deal with personal loans. As such, the Defendant performed the business of investing assets, such as investing in and depositing assets in accordance with the D Fund’s investment manual, and performed transactions in order to obtain personal benefits from the assets of D funds as an executive officer in charge of investment affairs, the Defendant had a duty to avoid transactions to make personal benefits.

Nevertheless, the defendant, who received the assets of the D Fund, was able to pay for his own deposit money, and ordered the owner of the building under the lease contract to remit the money to the owner of the building under the lease contract.

Accordingly, on October 5, 2010, the Defendant violated the D Fund lending approval procedure and remittance procedure, and the Defendant transferred the said amount to the account of the D Fund (State, 1950,000 U.S. dollars 1950,000 (per annum 3%).

Accordingly, the Defendant, in violation of the duties of the general fund manager as a manager of D Funds, received a personal loan of the assets of D Funds from 1950,000 U.S. dollars (2.19,210,000 won in Korean Won at the time), thereby gaining financial gains equivalent to 19,000 U.S. dollars (2.19,100,000 won in Korean Won at the time)

Summary of Evidence

1. Defendant's legal statement;

1. Part of statement E in the second police interrogation protocol against the accused;

1. The application of the provisions of the Acts and subordinate statutes of the Credit Guarantee Board and the translation thereof, the Leader and translation thereof, the copies of passbooks, the Liber Agre and translation thereof, the current status of entry and departure of individuals, the PPM (Business Agreement) of Tromoths, the legal team personnel in charge of the legal team, the inquiry letter, the translation of questionnaires, and the delitte Accounting Report;

1. Relevant provisions concerning facts constituting an offense;

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