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(영문) 울산지방법원 2013.07.05 2013고합41

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013Gohap114] For the purpose of operating a “E commercial building” being constructed by a “D Co., Ltd.” in which the Defendant is a representative director, the Defendant established “F” of the said “D Co., Ltd.” on April 8, 2010. On February 8, 2012, the Defendant was willing to conclude that the said “F”’s capital increase by withdrawing money from the said “D Co., Ltd.’s account and immediately withdrawing it after paying the stock price of the “F”.

around February 10, 2012, the Defendant: (a) withdrawn KRW 300 million from the D Co., Ltd.’s corporate account; (b) deposited money into the said corporate account; and (c) issued a certificate of payment custody of shares from the bank; and (d) filed an application for registration to change the total capital of said Co., Ltd from KRW 10 million to KRW 310,000,000,000 at the Yangsan District Court Yangsan-dong 373, Yangsan-si, Yangsan-si, Yangsan-si, by directly withdrawing KRW 300,00,000 from the said bank on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Article 628 (1) and Article 622 (1) of the Commercial Act applicable to the relevant criminal facts, the choice of punishment, and the selection of fines;

1. The portion not guilty of Articles 70 and 69 (2) of the Criminal Act for the detention in a workhouse

1. Summary of the facts charged [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)]

A. The Defendant is a person who served from April 14, 2008 to February 13, 2012 as the representative director of D Co., Ltd. established for the new construction of G, I’s ground 8, and the fourth underground floor E (former title J).

D Around January 12, 2010, the Defendant, the representative director of the D Co., Ltd., awarded a contract to K for the construction of a new building amounting to 30.7 billion won, and K Co., Ltd. around December 15, 2010.