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(영문) 서울남부지방법원 2014.10.30 2013고합268
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who, having served as a general manager in charge of finance of E-listed companies, takes over a KOSDAQ-listed company through the method of raising the acquisition fund in the corporate bond market, and conducts professional capital M&A.

On February 2, 2011, the Defendant, as an expert in capital M&A, agreed to take over the shares and management rights of the major shareholders K of the victim J Co., Ltd. (hereinafter “J”) in the name of the Defendant’s third village, along with the Plaintiff’s attorney I affiliated with the law firm H, but planned capital M&A to take over the necessary acquisition funds in the bond market.

At the request of the defendant and the F, around February 24, 201, in order to guarantee the performance of the purchase price of K's stocks and the purchase price of L by the above J shares and the management rights acquired by the purchaser and the seller who are the parties to the transaction and the purchaser, have been in charge of the custody contract with the intent to deliver the stocks and the purchase price to the other party at the time of the agreement on the underwriting contract. As such, there was a duty to not dispose of the stocks and the purchase price of the stocks at issue at the time of the agreement on the underwriting contract, such as arbitrarily offering the stocks as security.

The Defendant and F did not hold any asset to be provided as security when borrowing the acquisition fund necessary for the above J’s acquisition of shares and management rights. Therefore, I conspired with G to provide the seller’s shares in custody under the above custody contract with G as security by deducting the seller’s shares from the seller.

On February 24, 2011, the Defendant and F shall take over the management right of K’s shares 3,211,960 shares and 15 billion won, on the ground that L is an underwriter at the H law office located in Seocho-gu Seoul Metropolitan Government, on the ground that L is an underwriter at the H law office located in Seocho-gu, Seoul, but the down payment is KRW 4.5 billion by paying the down payment by the method of repaying the obligation of K by February 25, 201, and the intermediate payment is KRW 5.5 billion.

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