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(영문) 서울남부지방법원 2018.11.21 2016고단6430

업무상배임등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant was the representative director who exercises overall control over management and finance of C Co., Ltd. (hereinafter “C”) (hereinafter “C”) from March 2003 to February 2012, 201.

C was listed on the KOSDAQ on July 4, 2007, and the rehabilitation procedure was commenced on April 2014 and listed on January 2015 as the rejection of an audit opinion.

On July 4, 2007, the Defendant: (a) anticipated that the share price of the company would increase if the victim C was listed on the KOSDAQ as of July 4, 2007; (b) borrowed the name of executive officers and employees; and (c) obtained the right of choice to purchase shares in the name of stocks

In accordance with the Commercial Act and the C’s articles of incorporation, when the Defendant issues an option to purchase shares to executives and employees through a special resolution of the general meeting of shareholders, a shareholder who holds at least 10/100 of the total number of issued and outstanding shares, excluding nonvoting shares, or a person who exercises de facto influence over major management matters of the company, such as the appointment and dismissal of a director, executive officer, or auditor, has a duty to prevent any property damage to the company by preventing

Nevertheless, on March 7, 2007, the Defendant granted the right of choice to purchase shares to the Defendant, who actually exercises influence over major management matters of the company, such as the appointment and dismissal of a shareholder interest director, executive officer, and auditor who hold shares equivalent to 24.29/100 of the total number of issued and outstanding shares, excluding non-voting shares at the office of the above company. However, the Defendant granted the right of choice to purchase shares to D using the name of D, which is an employee of the above company, 4,100 per share as if it were to give D a right of choice to purchase shares, 4,100 shares per share (8,200 shares, 2,00 won per share without compensation on October 30, 2007), and the period of exercise from March 7, 2009 to March 7, 2007, which was agreed to be March 7, 2007.

The Defendant around March 31, 2009 above.

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