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(영문) 서울중앙지방법원 2016.08.12 2015고합678
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was the representative director of the Victim D Co., Ltd. (hereinafter “victim Company”) from October 25, 2007 to March 30, 2010.

The victim company had a total of KRW 21.7 billion claim against the above company by lending funds to, or accepting corporate bonds issued by, the above company between February 12, 2008 and December 30, 2008 between the defendant and December 30, 2008 (hereinafter referred to as "E", and in all the name of the stock company, "the corporation" is omitted), F, G, H, I, and J with the exercise of substantial control over the defendant, and by acquiring the bonds issued by the above company, and thus, the above company has received delivery of KRW 3,340,09 shares from the above company to secure this, and thus, the defendant in charge of the affairs related to the preservation of the collateral for the victim company has a duty to keep and manage the above shares in accordance with the purpose of the security interest, and to prevent any property damage to the victim company, such as making it possible to receive reasonable remuneration when disposing of the rights after acquiring the complete right to the collateral through the exercise of the security right and the settlement procedure.

On the other hand, the defendant was a major shareholder.

K (hereinafter referred to as "K") entered into a conversion bond acquisition agreement and an implementation agreement with L company (hereinafter referred to as "L") on March 2007 to around August 2007, which provides that L shall acquire convertible bonds equivalent to 60 billion won issued by K, and that K shall acquire the shares of semiconductor companies, etc. with the above funds, and K shall acquire at least 30% of the total outstanding shares of BL CD and provide it as security for conversion bonds redemption to L.

The Defendant acquired the ownership of the Victim Company with respect to the BK CD stocks held as security by the Victim Company, and sold them in KRW 13,913,266,055, as its subsidiary company, at KRW 13,913,26,055, and the I provided the BK CD stocks acquired as security to L, thereby performing the obligation to provide security, and L as security.

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