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(영문) 서울동부지방법원 2012.02.15 2011고합256
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On November 21, 2008, the Defendant was sentenced by the Seoul High Court to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul High Court on November 21, 2008, and the execution of the sentence was terminated on June 12, 2009.

On March 28, 2011, the Defendant acquired C’s shares 2,151,191 shares, and 17.97% shares, on condition that C pays KRW 14.5 billion from D’s former representative director of C Co., Ltd., and held C’s office as representative director from April 7, 2011, and made a final decision on C’s business, personnel affairs, and finance.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) has a duty to use the funds owned by C as the representative director of the victim C for the benefit

On April 7, 2011, the Defendant borrowed KRW 6 billion on the condition that the bonds company E pay the total amount of 14.5 billion for the part payment after three months in order to pay KRW 6.0 billion of the share and management acquisition price to the former representative director D at the SC Japan bank SCB book in Jung-gu, Seoul, Seoul. At the same time and at the same place, the Defendant created a pledge on the fixed deposit amount of KRW 6.0 billion deposited in the passbook of the SCB bank in the name of the above E at the same time and at the same place.

As a result, the defendant acquired the property benefits equivalent to 6 billion won of the pledge amount to E, and caused the damages equivalent to the same amount to the above C.

2. No person who violates the Financial Investment Services and Capital Markets Act shall make a false entry or indication with respect to important matters prescribed by Presidential Decree, such as the date of acquisition or disposal of stocks, terms of trust and security contract, etc. in the report on status of stocks held in bulk, etc.;

On May 3, 2011, the Defendant acquired C Shares 2,151,191 with its own funds, etc. and did not have concluded a security contract, etc. on shares.

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