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(영문) 인천지방법원 2016.09.23 2015고합659
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

B Imprisonment for five years, for three years, for Defendant A, and for two years and six months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

[2015 Gohap 659,752 (Joint)] Defendant B is the chairperson of M Co., Ltd. (hereinafter “M”) and the actual owner of N Co., Ltd. (hereinafter “N”) and P Co., Ltd. (hereinafter “O”). Defendant A is the representative director of N, Defendant C (Defendant C is the representative director of Defendant B’s birth) and Defendant C is the representative director of M, and Defendant D is the representative director of O.

M is a corporation established for the purpose of housing construction business, etc. on March 16, 1984, which is a construction company in Incheon as of 1997, or a company in progress with the procedure of composition as of October 12, 1998, due to the low-quality of apartment and housing sale. Since the Incheon District Court made a decision to commence composition procedure at around May 28, 199 (98o 83).

Defendant

B The amount of reported credit reaches KRW 8,05.1 billion at the time of the decision to commence the procedure of the composition in 1998, and the remaining credit amount around October 20, 2015 up to KRW 69.6 billion, etc., which was an affiliate of M and M, which was no longer an affiliate of M and M, with M’s ability to repay all of the composition debt and conduct normal management due to M’s ability.

Using N,O, etc. to continuously promote the apartment sales business, Defendant A as N’s representative director, Defendant C as the representative director of the N’s representative director, Defendant D as the representative director of theO, Q as the capital and accounting officer of M and N and O, and was willing to receive personal benefits while exercising continuous influence over M and other three corporations.

On the other hand, N is a corporation incorporated with the trade name of R Co., Ltd. on April 18, 1997, the purpose of which is housing construction business, real estate sale and lease business, etc., and changed the trade name of S Co., Ltd. on October 17, 2002 (hereinafter “S”), and N on February 20, 2006. Defendant A was in office as N’s representative director from October 8, 2003 to October 21, 201, and Defendant A was in overall control of N’s business, and Q is in office as N’s managing director from June 10, 2006 to October 21, 201, to the present date of non-standing officers from October 22, 2011.

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