상법위반
The appeal is dismissed.
The grounds of appeal are examined.
1. Article 634-2(1) of the Commercial Act provides that a director, etc. of a stock company shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won, if he/she has granted pecuniary benefits on the company’s account in connection with the exercise of shareholder’s rights.
Article 467-2 (1) of the Commercial Code provides that "No company shall give any person any property interest in connection with the exercise of shareholder's rights.
In addition, Paragraph 2 shall be presumed to have been granted in relation to the exercise of shareholder's rights where a company has granted a certain shareholder any financial benefit without compensation.
If a company has granted a specified shareholder property interest with compensation, this provision shall also apply in cases where the company¡¯s profit is remarkably small compared to the benefit which the company has obtained.
Section 3 provides that a person who has received any pecuniary benefit in violation of paragraph 1 shall return it to the company.
Therefore, the crime of interference with the exercise of shareholder's rights cannot be established in a case where a shareholder gives property benefits without relation to the exercise of shareholder's rights or there is no criminal intent to commit such relation.
The fact that the defendant provided property benefits was not related to the exercise of shareholder's rights while recognizing the fact that there was no intention to commit the crime.
In the case of assertion, according to Articles 467-2(2) and 467-2(3) of the Commercial Act, when a company has granted a certain shareholder free of charge or excessive pecuniary benefits, etc., considerable legal disadvantages are imposed on the relevant persons. A reasonable determination of the link of facts should be made based on the empirical rule-based observation or analysis history based on the granting act revealed through certification and various indirect facts before and after the provision.
On the other hand.