특정경제범죄가중처벌등에관한법률위반(횡령)등
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The application for compensation of this case is dismissed.
1. The Defendant of the facts charged in the instant case was appointed as directors and vice presidents in charge of finance of D Co., Ltd. (hereinafter “D”) established for the purpose of manufacturing and wholesale business of drugs around January 11, 201 while managing E Co., Ltd. established from around March 2009 for the purpose of consulting business related to corporate mergers and acquisitions. Around August 25, 201, D took over the F Co., Ltd (hereinafter “F”) established for the purpose of selling and selling chemical products. Around August 26, 2011, the Defendant was appointed as a director of F Co., Ltd. (hereinafter “F”) and was in charge of finance-related affairs of D and F.
Around August 2010, the Defendant offered a proposal to acquire shares of the I Co., Ltd. (hereinafter “I”) (hereinafter “I”) from D’s representative director G and H, and entered into a share acquisition agreement with D around October 15, 2010, and used acquisition funds equivalent to KRW 4 billion prepared through D’s capital increase with D’s capital increase until December 2010 to acquire 36.6% of I’s shares.
On January 11, 2011, the Defendant entered into the vice president of D in charge of finance, and purchased part of D’s shares to F, sell D’s operating funds, I’s additional acceptance funds, etc., and purchased F’s shares of KRW 4,444,45 from J, who was the largest shareholder of F, and purchased KRW 24.8% of F’s shares at KRW 24.8% of F’s shares as the largest shareholder of F, and acquired F’s management rights as F’s largest shareholder.
On August 26, 2011, the Defendant appointed F as the vice president in charge of F’s director and strategic, and sold D’s shares 15,129 shares (29.9%) owned by D around September 7, 201 to F for KRW 22.3 billion.
On the other hand, the Defendant: (a) provided D’s 2,22,22 shares as security on August 25, 201; and (b) borrowed KRW 10 billion on or around October 22, 201; (c) repaid the F’s 2,222,22 shares to K; and (d) returned the said F’s 2,222 shares from K and operated by the Defendant.