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(영문) 울산지방법원 2018.02.02 2016고합2
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

A victim D Co., Ltd. (hereinafter “victim D”) is a company that manufactures and sells industrial packing materials, etc. located in Yangsan-si E, and the Defendant is a person who has overall control over the overall affairs of the Victim Company after taking office as the representative director of the Victim Company in around 1994 and has been engaged in affairs such as management of the Company’s operating funds, employment of employees, labor contracts, personnel management, payment of wages, etc.

1. Around 2011, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) established a dispute over the majority shareholder F with 65% of the shares of the victim company and the management right issues with respect to the victim company on the list of shareholders, and the conflict with F was continued, such as filing a civil lawsuit against the victim company. F against the victim company against the Ulsan District Court, U.S. District Court filed on March 31, 2013 by U.S. District Court 2013 filed to verify the non-existence of the resolution of the general meeting of shareholders on March 31, 2013 by the victim company that appointed the Defendant as the victim company’s director and the representative director as the representative director, and on June 12, 2014, it is confirmed that there was no above general meeting of shareholders that appointed the Defendant as the victim company as the representative director and the representative director.

“The judgment in favor of the Plaintiff was rendered, and on December 9, 2014, the Ulsan District Court rendered a decision to dismiss the Defendant from the office of representative director of the victim company and appoint the F children G as representative director on the agenda of appointing the Defendant as the Defendant’s temporary general meeting of shareholders. On January 5, 2015, the Defendant sent the Defendant a notice of convening the said temporary general meeting of shareholders to the Defendant on or around December 15, 2015, by sending the Defendant a notice of convening the said temporary general meeting of shareholders to the effect that: (a) on January 5, 2015, when the above temporary general meeting of shareholders was convened, the F holding 65% of the shares of the said company was dismissed from the office of representative director; and (b) when the Defendant was appointed as representative director and the Defendant was faced with a situation that would lose management rights over the victim company, the Defendant was a victim company, including H, I, and J.

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