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(영문) 서울동부지방법원 2017.06.23 2008고합338 (1)

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor for ten years and fines for 17.5 billion won, and Defendant B shall be punished by imprisonment for two years.

Defendant

A above.

Reasons

Punishment of the crime

Defendant A (hereinafter “E”) established and runs a stock company E (hereinafter “E”) which is de facto for the purpose of management consulting and corporate restructuring on September 14, 2006, and served as the vice president (hereinafter “F”) from January 2007 to July 2007; Defendant A (hereinafter “H”) with G around May 31, 2007; and (3) with H Co., Ltd. (hereinafter “H”) from around 200 to around 2007 to around 30, 207, by acquiring the same as the joint representative director; and (4) from around 200 to around 10, 207 to around 207, the person who acquired the Fund from around 200 to 30, while working as the joint representative director; and (5) from around 20, 2008 to 20, the person who acquired the Fund from around 13, 207 to 200.

1. Joint crimes committed by Defendant A and G;

A. At around May 207, J, the non-standing business entity, L, and L, Defendant A, and G were willing to take over the shares and management rights of H of the mobile phone parts manufacturing company at KRW 20 billion. At that time, Defendant A and G borrowed 14 billion out of H acquisition fund (Defendant A6.9 billion won, G7.1 billion won) from M on the condition that the H shares to be acquired in the future are offered as collateral to M of the bond company that Defendant A and G are the vice president.

Defendant

around May 31, 2007, A and G acquired H shares and management rights in total at KRW 20 billion from four major shareholders, including N, etc. A, and Defendant A, under the name of H 87,674 shares (15.97%) of H ordinary share, KRW 12,292,690,570, and KRW 604,728 shares of H ordinary share in its own name (10.88%) of KRW 7,707,309,430, respectively, and around June 5, 2007, Defendant A, G and O, a part-time worker, etc. of each of H.