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(영문) 서울중앙지방법원 2014.11.13 2013고합986
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. A. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) together with J, K, etc., the largest shareholder and actual manager of the KOSDAQ-listed corporation I (hereinafter “I”), used I’s company funds as advance payment, and embezzled the corporate funds as if I would normally acquire the shares of L, the Indonesia Development Enterprise (hereinafter “L”), and conspired to return advance payment paid to the Defendant or use them for personal use.

On September 19, 201, I entered into a contract to purchase L's 30% (M's 15% and N's 15%) worth KRW 8 billion (hereinafter "contract to purchase stocks of this case") through the Defendant, and transferred KRW 4 billion to M and N's account on the date of the contract, M's transfer to M and N's account as the price for acquiring shares, and the Defendant, J, K, etc. withdrawn the amount of KRW 4 billion as KRW 100 million upon transfer to the account, and used it as the Defendant's refund of advance payment, personal expenses, and J etc.

Defendant

On October 5, 2011, when the amount of KRW 1.3 billion was paid from the I to the M’s account as the price for acquisition of L equity, all of them were withdrawn as KRW 100 million and KRW 10 million and used individually. The Defendant and J, etc., around October 14, 201 and around October 18, 201, when the amount of KRW 700 million was transferred from the I’s account to the M’s account, all of them were withdrawn as KRW 100 million and used individually.

As above, the Defendant, in collusion with J, K, etc., embezzled the amount equivalent to KRW 6.5 billion of the Company’s capital from September 19, 201 to October 18, 201.

B. The Defendant in violation of the Attorney-at-Law Act refers to an IO corporation and a Japanese monopoly sales contract with K by taking advantage of the friendly relationship with a public official who deals with the affairs related to the “P” produced by the O corporation (hereinafter “O corporation”).

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