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(영문) 대전지방법원 천안지원 2019.02.12 2018고정398

주식회사의외부감사에관한법률위반

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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant was sentenced to 8 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Seoul High Court, and the above judgment became final and conclusive on June 26, 2014.

The Defendant is a person who served as a representative director of B (hereinafter referred to as “B”) from January 2002 to May 2012.

A stock company, stock-listed corporation, etc. whose total amount of assets as at the end of the immediately preceding business year is at least ten billion won (as at the time of 2011), and stock-listed corporation shall undergo an accounting audit conducted by an external auditor independent of the stock company, and shall prepare and publicly announce financial statements in accordance with the accounting standards set by the Financial Services Commission. As such, the representative director, etc. of a stock company subject

In addition, in accordance with the C Bank Business Supervision Regulations, C Bank must set up at least 0.5 percent allowance for bad faith for bad faith for assets which are classified as “normal” as of the closing date, and at least 2/100 for assets classified as “general”, and at least 20 percent for assets classified as “general”, and at least 75/100 for assets classified as “resumed loss”, and at least 100 percent for allowances for bad faith for bad faith for assets classified as “presumed loss”.

Nevertheless, the Defendant, who had operated B as an external audit because the total amount of assets at the time is more than 2 trillion won, has been executed in the past by the Defendant: ① credit extension to the large shareholders, etc. of the borrower in question, ② credit extension to the individual borrower in question, ③ credit extension to the credit extension limit to the borrower in question, ③ credit extension to the borrower in arrears loan to the borrower in question, and ③ credit extension to the borrower in arrears loan to the borrower in question is not disclosed, and the bad debt reserve fund is not set up, thereby raising BS ratio. On September 201, the Defendant prepared the financial statements of the fourth period (accounting period: July 1, 2010 to June 30, 201) at the Seocho-gu Seoul Metropolitan Government Office