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(영문) 서울중앙지방법원 2016.02.18 2014고합903

특정경제범죄가중처벌등에관한법률위반(공갈)

Text

Defendant

A Imprisonment with prison labor for three years and fines for thirty hundred million won, Defendant B and C shall be punished by imprisonment for two years and six months, respectively.

Defendant

A.

Reasons

Punishment of the crime

[The background of the case] The Defendants changed the name of the L Co., Ltd. (the trade name of March 28, 2008 was changed to M Co., Ltd.) from October 2007 to January 2008.

Before and after the amendment, the Defendant acquired the suspicion of embezzlement and breach of trust against listed companies including N,O, P, Q, etc., through a series of processes such as negotiations, such as the purchase and sale of L stocks (referred to as Defendant B’s stocks on convenience of 1,370,000 won of the stocks acquired in Defendant B’s name from October 8, 2007 to November 29, 2007) owned in the name of tea by the Defendant A, and through N,O, P, and Q, and 20 billion won of the fraudulent accounting, such as the false appropriation of external bonds, cash assets, and false appropriation of the victim R (38 years old).

On October 207, a copy of the cover bill (100 million won right) 60, which was withdrawn by the victim on the basis of L deposit, was secured on January 11, 2008 by securing part of L/C account books (director) and securing objective evidence for the embezzlement and breach of trust of the victim, as well as successful L/C representative director, who is well aware of the error of the victim, was the representative director.

It also became known that the victim was under suspension of execution.

On the other hand, on August 28, 2007, the victim took the form of lending L stocks and management rights acquisition amounting to KRW 13.6 billion to N, but receiving stocks and management rights to acquire under N in the name of N, but in substance, L was acquired and managed on the ground of N.

During that process, Defendant A and B filed an issue of irregularities, such as embezzlement related to the above cover bill, and, on the one hand, agreed to acquire management rights of L in large M&A; and on the other hand, according to the situation in which the victim is easily responding to the negotiation of the purchase of shares arranged by the victim, the victim can be detained by the accusation if the victim does not purchase the shares of the above Defendants, and the suspension of execution is revoked.

I would like to think.

(b) the injured party.