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(영문) 서울중앙지방법원 2011.06.24 2010고합1759
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the representative director of G Co., Ltd. (hereinafter referred to as “G”) located in E and F in the U.S. E and E during the U.S. Ethical game.

The Defendant’s G entered into an investment contract in the form of a partnership (hereinafter “instant first agreement”) containing the following: (a) around May 8, 2007: (b) the Defendant secured the right to hold a U.S. Hanan performance (hereinafter “instant performance”) from the J (hereinafter “J”); (c) around May 8, 2007, the content that “the victim invested KRW 500 million in the instant performance; (d) G shall guarantee the victim’s investment principal, etc.; and (e) distribute 5/7 out of the performance to the victim’s interest; and (e) around that time, G received an investment amount of KRW 500 million from the victim.

However, when the performance of the instant case planned around June 15, 2007 due to the refusal of performance by “H” and L Co., Ltd. (hereinafter “L”), which is its affiliated company, was non-existent, G entered into an additional investment contract in the form of a partnership (hereinafter “instant secondary agreement”) containing the following: (a) around June 23, 2007: (b) the U.S. District Court filed a lawsuit claiming damages due to the performance of the instant case against “H”, L, and J et al.; (c) around September 3, 2007: (a) the victim and the victim were under written agreement with the victim; (d) the victim were provided with relevant information; (b) the victim was appointed as a good manager for the victim; and (c) the victim was paid the principal and interest first to the victim; and (d) the remainder of 50% out of the profits distributed.

Since then, around March 2009, G was sentenced by the U.S. Federal District Court of Haju to pay USD 8080,000 to H and L as damages for damage, and around June 2, 2009, H “H” and “H”.

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