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(영문) 울산지방법원 2018.06.07 2018고단569
상법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In around 2009, the Defendant established a general construction company in relation to the construction of the E general industrial complex in Ulsan-gun D and divided the profits of approximately KRW 5.5 billion into a general construction company and one half of the profits. The Defendant will operate the company when it provides funds for the establishment of the corporation.

Upon receipt of the proposal of “A”, around May 2019, with C’s consent, remitted KRW 940 million to a new bank account in the name of F, a partner of C, under the name of the incorporated fund, etc. for the establishment of the corporation. C, using the money, has established the victim-victim dispute resolution bank with the purpose of civil engineering construction business, etc. on May 19, 2009. From around December 2012, disputes such as criminal litigation and civil litigation are brought about between the Defendant and C, and F.

On the other hand, the defendant would give the principal and profit if he/she lends money to H in relation to the creation of the E general industrial complex on December 2009.

“.” Around February 2010, H paid KRW 450 million to the victim company around February 2010 and returned KRW 50 million around June 2010.

On June 5, 2015, the Defendant was appointed as a representative of the victim company's representative director at the Ulsan District Court, and served as a representative of the victim company from around that time to January 2016, and the duty agent did not engage in any conduct that does not belong to the company's regular business without the permission of the court, except as otherwise provided in the provisional disposition order. In concluding the company's obligations, the Defendant had a duty to examine the existence of obligations, the amount of obligations, interest, the time of repayment, the method of repayment, etc. and to make the company bear the minimum burden.

Defendant, without obtaining permission from the above court, violates his or her occupational duties, and is in violation of his or her or her or her or her or her duties, and at the office of judicial office located in Ulsan-gu, Ulsan-gu I, Ulsan-gu, “The debtor victim victim resolution bank” means the E general industrial complex creation fund and dividend to creditors H on February 9, 2010.

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