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(영문) 서울중앙지방법원 2017.12.07 2016고단124
업무상배임
Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

Public Corporation D is an E Co., Ltd. (the trade name at the time of incorporation was referred to as “F,” but the trade name was changed on February 1, 2012 to the current trade name and the same month.

3. The Defendant is the representative director of the company, and the Defendant is a person who exercised the substantive authority of the representative director on behalf of D from January 2012 to February 2013.

D and other G, H, I, J, K, L, and M, etc., on or around June 6, 201, entered into an implementation agreement as a contracting party to the Dong business. The content of the agreement was that the said parties were to borrow expenses incurred in the establishment of the said company and the installation of all facilities, etc., from the above company to the above company, and that the ratio of shares issued by the said company should be set according to the ratio of shares in the total amount, compared to the total amount, after all of the expenses incurred after the completion of the loan.

After that, on December 24, 2011, the above company was based on the above implementation agreement, but it was composed of 50,000 shares issued on the basis of those who actually contributed funds and their amount, and made a list of shareholders.

As such, since a person who contributed funds to the above company acquired the status of a shareholder by allocating shares in proportion to the contribution amount, the above company is not obligated to return the investment amount to the contributor or the transferee of the shares.

1. D Defendant was indicted as a joint principal offender of this part of the facts charged, and was consolidated in the case No. 2016, 60, 2015, 2015, 895, and was found not guilty at the first and second trials, and is currently pending in the final appeal.

On January 2012, the Defendant jointly committed the Defendant requested to make additional investments to G (around 200 million won was contributed to the said company and was allocated to approximately 5,000 shares of the said company) and H (around 300 million won was contributed to the said company and was allocated to approximately 7,500 shares of the said company), but G and H were added.

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