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(영문) 서울중앙지방법원 2018.01.19 2017고합894
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is the representative director of the victim C (the current corporation B; hereinafter “victim”) corporation for entertainment entertainment business from March 25, 2008 to March 22, 2013 and the largest shareholder who holds 8.94% of the total number of issued and outstanding shares of the victim company and actually operates the victim company.

The defendant was the former representative director of the victim company around November 2008.

D) Upon introduction from E and F (hereinafter “the transferee”) to take over the management rights of the victim company, the victim company shares 2,143,000 shares and the management rights of the victim company held by the defendant between F and F shall be transferred to KRW 9 billion. However, the down payment of KRW 2 billion shall be acquired by the transferee of the obligation of KRW 2 billion unpaid at the time the defendant acquired the victim company from D, and the intermediate payment of KRW 3 billion shall be paid by the transferee, the transferee shall cooperate with the transferee in the exercise of the management rights of the victim company (hereinafter “the share and the management rights transfer agreement”). However, the transferee agreed on the terms of the contract, such as delayed payment of KRW 1,00,000 among intermediate payment, and the change of the contract party into E, and the contract shall continue to have been made by the transferee to provide the victim’s real estate as security.

In such cases, if the defendant invests or lends the company's funds to a new business that is not related to the original business purpose of the victim company as a representative director and manager of the victim company with the care of a good manager, he/she shall be able to recover the principal and interest in the actual place of use and the profit of the business, the price or property value of the security, the failure of the business, or the auction of the security.

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