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(영문) 의정부지방법원 2013.07.16 2010고합218 (2)

특정경제범죄가중처벌등에관한법률위반(횡령)등

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[Defendant A] The crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and forging public document.

Reasons

Criminal facts

[criminal power] Defendant A was sentenced to two years of the suspended sentence in October, 2010, for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, in the Ansan District Court on July 24, 2009, and the said judgment became final and conclusive on February 12, 2010.

【Criminal Facts】

[The current status of the Defendant Company’s operation of the Defendant Company] The Defendant, a trade business entity, etc. established for the purpose of the trade business, etc., (F 204, at the time of Stisty on July 1, 2005, was established for the purpose of the main office, solid fuel and related product wholesale business, and the Defendant was appointed as the representative director on August 25, 2008, and changed to B on September 10, 2008) G Co., Ltd., H Co., Ltd., H, H, I, and J Co., Ltd.’s actual operator, primarily, imported non-ferrous metals, such as North Korea’s U.S.carbon and al

Co., Ltd. E has reached 12 billion won in early 2008 and all the loan limits have been greatly aggravated, and the remaining companies have little business performance and their financial status have deteriorated, and all the above companies have difficulty in conducting their normal business activities on their own.

[2010Gohap218] (Defendant A)

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) had been suffering from the difficulty in self-financial services by reaching 12 billion won in the early 2008, a total of loans extended to 12 billion won, and thereby making it difficult for the Defendant to obtain the loan. However, the Defendant offered that “K has been in the form of sold L, which is the COS listed company, and, as M, would have seen in the same way as M., it would be easy for the Defendant to obtain the loan in the name of E,” and that “M would also have received the loan in the name of E, a capital increase.”

Since then, the defendant, K, and M take over L for the purpose of the business of manufacturing computer-related parts as a KOSDAQ-listed corporation around February 2, 2008, and the defendant decided to take charge of directors, K representative director, and M, and raised large amount of funds through capital increase with capital increase.