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(영문) 대전지방법원 천안지원 2015.06.10 2014고합104

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for seven years.

338,950,991 won shall be additionally collected from the defendant.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

[Status of the Defendant, etc.] The Defendant is the chairperson of the so-called K Group (or K Headquarters; hereinafter referred to as the “K Group”) who controls the secret interest of the KOSDAQ-listed companies, such as G Co., Ltd. (hereinafter referred to as “G”), H (hereinafter referred to as “H”), C, I (hereinafter referred to as “I”), and J (hereinafter referred to as “J”) which are funerals on the KOSDAQ through the borrowed shares in the name of the company.

On June 16, 2008, the Defendant entered into a contract to sell all G shares to H, and H issued 10 billion won on August 28, 2008, which was the date of payment of the remainder, and purchased the above bonds with warrants by K Group where the Defendant is the president.

However, since the defendant lent 10 billion won to K Group on the same day and received the above bonds with warrants as collateral, H actually purchased G shares with the above 10 billion won that A lent to K Group.

As a result, H becomes the largest shareholder of G and secured management rights, and A has become able to exercise influence over G as well as H.

On the other hand, the K Group, the chairperson of which is the defendant, is found to be an affiliate company M, the above I, N,O, the above H, P, P, Q, the above G, R, R, S/J, T&T, and U law firm.

V served as G representative director from August 29, 2008 to March 24, 2011. On August 1, 2012, Daejeon District Court rendered a sentence of imprisonment for a violation of the Act on the Punishment, etc. of Specific Economic Leave (Embezzlement) in the Support of the Incheon District Court, and on February 20, 2013, it became final and conclusive on February 20, 2013.

"2014 Gohap104"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. In collusion with V, the Defendant’s embezzlement through payment and return of false advance payment is intended to publicly announce the specific purpose of use for G to promote the medical business, and to provide K Group with capital increase with KRW 800 million out of KRW 23,154,920,740, which was paid by shareholders on March 24, 2010.