특정경제범죄가중처벌등에관한법률위반(횡령)
The defendant shall be innocent.
1. On January 2012, H, a representative director of G Co., Ltd. (hereinafter “G”), on the summary of the facts charged, was expected to be lower than KRW 130 billion from the first 390 billion at the K K and G’s 1/3 level at its 130 billion won when the public sale of all ancillary and welfare facilities (hereinafter “J”) owned by Ulsan-gun, U.S. I, and 223 lots and its ground apartment and commercial buildings, etc. owned by the Korea Housing Guarantee Co., Ltd., the public sale procedure was in progress (hereinafter “J project”). As such, K and G’s directors were to carry out the business (hereinafter “J project”).
Accordingly, H has also been interested in J projects while making efforts to raise approximately KRW 13 billion for the successful bid of J.
If M (N) takes over an O stock company with cash liquidity (hereinafter “victim company”) from M (hereinafter “N”) and invests the cash held by the victim company in the J projects, it is effective to do so in the process of the J projects and the operation of the superior company.
“Around February 10, 2012, “A” heard the horses, and agreed to purchase the shares from P Co., Ltd. (hereinafter “P”) holding 95% of the shares issued by the victim company and take over the victim company, and paid 13 billion won of the acquisition price to P by February 10, 2012, thereby taking over 95% of the shares issued by the victim company and the right of management.
Since February 10, 2012, from February 21, 2012 to February 21, 2012, H controlled all the duties of the victim company while serving as the chairperson and the representative director from February 22, 2012 to July 30, 2012. L controlled all the duties of the victim company as the representative director of the victim company from February 9, 2012 to February 21, 2012, and from February 22, 2012 to May 15, 2012.
On the other hand, H around February 1, 2012, before acquiring the victim company from P, Q. from the above M.