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(영문) 인천지방법원 2012.04.26 2010고합911
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

AF shall be punished by imprisonment for two years, and imprisonment for three years and six months, respectively.

Defendant

A 97 million won.

Reasons

Punishment of the crime

[criminal power] Defendant AF was sentenced to eight months of imprisonment for a violation of the Punishment of Tax Evaders Act at the Seoul Southern District Court on April 20, 2005 and completed the execution of the sentence at the Yeongdeungpo District Court on July 2, 2005. On October 23, 2009, the Seoul High Court sentenced six months of imprisonment for a violation of the Commercial Act at the Seoul High Court on October 30, 2009, and the above judgment became final and conclusive on October 30, 2009. On April 29, 2010, the Seoul Central District Court sentenced three years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Seoul Central District Court on February 24, 2011.

[2010고합911 범죄사실] ◎ 주식회사 O의 현황 및 피고인들의 지위 주식회사 O(이하 'O'라 하고, 모든 회사명에는 주식회사를 생략한다)는 1997. 7. 15. 엘시디(TFT- LCD) 모듈 검사장비 제조 및 판매ㆍ수출ㆍ입업을 목적으로 설립된 회사로서, 2005. 7. 26. 코스닥에 상장되어 주권상장법인이 된 후 2010. 4. 12. 외부감사인 AQ회계법인으로부터 감사의견 거절을 받고, 2010. 4. 23. 금융감독원에 의해 상장이 폐지되었다.

Defendant

AF, around May 10, 2008, accepted theO on condition of supplementing the money embezzled by AR from AR, AS, etc., the representative director of the O, and actually operated theO from June 27, 2008 to December 23, 2008. The defendant A acquired the management right from the defendant AF on December 24, 2008 and served as the representative director from that time to that time.

In operating the O, the details of the Defendants recruited funds through the capital market are as follows.

[mark] On July 3, 2008, the representative director (operator)-type (operator)-type and non-type of the issue amount ( million won) issued by the underwriter, and on July 1, 2008, the success of AF AV 4,000 CB on July 11, 2008, AF AV 4,000 CB success 3 January 20, 2009 AW 50 BW success 400 BW 4 on January 20, 209, AW 500 BW success 500 BW success 500 on April 15, 2009, A Q2,00 B SP success 6 on August 10, 200, and six (1,00 AY) AY et al. and 6 (2) AY on September 9, 2009.

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