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(영문) 서울중앙지방법원 2016.07.21 2015고합1163
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A fine of KRW 15,00,00 shall be imposed for the crime No. 2 in the judgment of the defendant, respectively, in two years and six months.

Reasons

Punishment of the crime

On May 8, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Seoul Central District Court, and on January 4, 2013, the said judgment became final and conclusive.

1. [2015, 1163]

A. On December 10, 2013, the indictment was suspended (designated) on the premise facts and O of the public bid, and the instant case.

P. On May 30, 2014, the Seoul Central District Court was sentenced to three years and six months of imprisonment (Seoul Central District Court 2013 Gohap 1363), the Seoul High Court dismissed the Defendant’s appeal (Seoul High Court 2014 No. 1561) on August 22, 2014 at the Seoul High Court (Seoul High Court 2014 No. 1561) and the Supreme Court dismissed the appeal on October 17, 2014 (Supreme Court Decision 2014Do11752). On November 20, 2012, P used the name of Q&A Co., Ltd. (hereinafter referred to as “J”) as a representative director to acquire the shares and management rights of P Co., Ltd. (hereinafter referred to as “corporation”).

Accordingly, Q intended to purchase 2,852,737 shares of the company owned by it from R, the representative director of the said J, in 26.2 billion won, and paid 2.7 billion won down payment to R on November 29, 2012.

After that, O, P, etc. borrowed funds from bond holders through the defendant, and prepare the remaining balance of 23.5 billion won, but if K acquired shares and management rights at a temporary general meeting of shareholders and acquired them and subsequently acquired them for the purpose of executing the company's funds, the K publicly offered to bond holders as a collateral for personal debt in relation to the outstanding balance procurement.

In addition, in this process, the Defendant was known to S a single-person “X” and is the head of the behavior group of the Ymmar violent organizations in the field of criminal defense.

Although the instant case was detained (Seoul Central District Court 2015 Gohap 284), the instant J-related violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was sentenced to not guilty on April 7, 2016, and the appellate trial is continuing.

At the same time, bonds companies are bonded to O, P, etc.

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