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(영문) 서울중앙지방법원 2014.02.12 2013고합977

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Criminal history records and status of Defendant A;

A. The criminal records of Defendant A was sentenced to two years of suspension of the execution of imprisonment for a violation of the Securities and Exchange Act at the Seoul Central District Court on December 17, 2009, and the judgment became final and conclusive on February 14, 2013.

B. On January 21, 2010, Defendant A, holding 3.69% of the shares of the Dispute Resolution Co., Ltd. (the “Dispute Resolution Co., Ltd.” in March 30, 2010, to “A”; hereinafter referred to as “B”) and announced to the largest shareholder, was agreed to acquire the said company from K, which is the former major shareholder of the said company, to take charge of the management of the said company after he/she was appointed the vice president and director of the said company. < Amended by Presidential Decree No. 22034, Nov. 21, 2009>

2. The Co., Ltd. shall be a corporation established on April 3, 1996 and listed on the KOSDAQ on June 2, 200, with the purpose of developing and supplying system software, and the purpose of the Co., Ltd. shall be the L Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co. of the Co., Ltd. of the Co., Ltd. of the Co. of the Co., Ltd. of the Co. of the Co., Ltd. of the Co., Ltd. of the Co. of the Co., Ltd. of the Co. of the Co. of the Ltd. of the Ltd. of the Ltd. of the Ltd.

3. At the time of the background of this case, Defendant A, the largest shareholder, the representative director, and K, will take over the shares of the IBP (3.68%) and the management rights of the K in order to acquire the IBP in capital without capital, and ① The IBP, the IBP, shall cooperate with K in order for K to be separated or sold from the IBP in a legitimate manner under K’s initiative, and ② Defendant A shall pay the amount equivalent to the present remuneration to a person designated by K or K, until the IBR is separated or sold.

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