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(영문) 의정부지방법원 2016.01.27 2011고합475
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor for a period of two and half years, for a period of five years, and for a period of one and half years, for a period of one year and six months.

(b).

Reasons

Punishment of the crime

1. Status, etc. of the parties;

A. P Co., Ltd. and Q citizen history P Co., Ltd. (hereinafter “P”) are a company established for the purpose of construction and operation of the history of Q citizen history in Seoul, under the Act on Special Cases Concerning the Management of State-owned Railroads (hereinafter “S”), which was concluded on March 13, 2001 between the R Public Corporation and the private citizen S Co., Ltd. (hereinafter “S”). The amount of capital is KRW 4,800,000, total issued stocks is KRW 960,000, total issued stocks is KRW 300,000 (31.25%) 646,000, S Co., Ltd. (67.29%) 10,000, U.S. 100,000 (5) 4,000, V. 402) and each share of the total issued stocks is held.

P The business of Q citizen history, implemented by the RR, newly constructing two underground floors, eight-story commercial buildings (ground 1, two-storys, subway history, three-storys to be used as commercial buildings) above the ground level on Seoul and six lots (Seoul and 6 lots of land managed by the RR, and the site area is 4,567 square meters, the total floor area is 87,025 square meters, and the sale form is 44,567 square meters, and 87,025 square meters. The Si Corporation may extend one time after the lease between 30 years and 30 years) and the completion of construction on October 2010. However, even though the sale price was 87,100,000,000 or more, the sale price was paid, and the construction is suspended under the status of the Corporation until the end of 239.5% due to the payment of construction price.

B. Defendant A, from October 2004 to March 8, 2005, served as the head of P’s business headquarters from March 8, 2005, and from March 9 to August 8, 2008, as the representative director of P’s business, and had a substantial major shareholder of P.

In accordance with B's instructions, P was in charge of overall management of the company, such as P's financial management and enforcement, accounting and accounting.

(c)

Defendant

B From September 2004 to November 2008, the Defendant actually controlled the overall management of P as the president of the interest-based company from September 2004 to November 2008.

The defendant on August 19, 2009.

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