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(영문) 서울중앙지방법원 2013.11.22 2006고합813 (1)
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 25, 2002, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act at the Seoul District Court on September 25, 2002, and the judgment became final and conclusive on May 21, 2004.

1. The defendant, on August 6, 2002, was appointed as the representative director of the Dispute Resolution Co., Ltd. (hereinafter "D"). On October 14, 2002, the defendant acquired the status and management right as the controlling shareholder from E, who is the controlling shareholder of D, as the controlling shareholder. From January 21, 2003, the defendant was appointed as the representative director or the controlling shareholder, such as appointing F as D's representative director.

On October 30, 2002, the Defendant issued one promissory note in the name of D around October 30, 2002, in order to raise the project funds, etc. of the 13th ground apartment construction project (hereinafter “H implementation project”), such as the Seoul, Nowon-gu, Seoul, for personal promotion, and used them for the purpose other than the business of the company after issuing a bill number I, one face value 269 million won, and one promissory note in the name of D, as shown in the attached crime list (1) from October 2002 to July 2003, as shown in the attached crime list (1), in order to raise the project funds, etc. of the 13rd ground apartment project (hereinafter “H implementation project”).

As a representative director or controlling shareholder of the victim D, the defendant acquired a total of 3.11 billion won, by in violation of the duty to issue and use a promissory note and a share sheet only for the company's business as a representative director or a controlling shareholder, and caused a loss equivalent to the same amount by having the victim bear the obligation to the victim.

2. Around October 14, 2002, the Defendant acquired the status and management right as a controlling shareholder from E, which is the controlling shareholder of the K in charge of the credit rating company (hereinafter “K”), and since he assumed office as a representative director on October 16, 2002, he took overall charge of K’s affairs.

During that period, the Defendant was on November 11, 2002.

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