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(영문) 서울중앙지방법원 2011.06.27 2010고합1470
특정경제범죄가중처벌등에관한법률위반(횡령) 등
Text

A defendant shall be punished by imprisonment for ten years.

Of the facts charged in this case, AD’s financial statements for 2007 fiscal year is divided accounts.

Reasons

Punishment of the crime

Since the establishment of DJ for the purpose of export and import business around 1990, the Defendant began to expand its business and expand its business through the shipping industry. From around 2002 to around 2006, the Defendant formed AC Group 41 affiliated companies by accepting (State), DDR, (State), AM, DL, etc., which were in the company reorganization process from around 2004 to around 2006. The Defendant was a holding company holding company with the largest shareholder (State), and controlled (State), DD, (State), CD, and (State) CL, and controlled affiliates such as (State), (State), (State, and (State) CL by circular means of equity investment, and was in charge of overall management of the Group as the chairperson of AC Group.

[Judgment of the court below]

1. At the time of December 2005, the defendant of CJ (State) received a recommendation to take over the CJ (hereinafter "CJ") from N that was the vice president of the DJ (State, June 2, 2006, hereinafter referred to as "CR") at the time of the CJ (State, June 2, 2006, hereinafter referred to as "CR") and determined that the CJ had a substantial market value and subsequently sold the above real estate after the acquisition of the real estate, the CJ could not only repay the purchase price of the real estate from the financial institution, but also raise funds for operation of other affiliates, and had the intent to take over the said company using the assets of the CJ without any particular subsidization of its own funds.

Therefore, around January 2006, the Seoul Central District Court organized a consortium with three affiliate companies under the control of the defendant (CR, DK (States), and participated in the bidding administered by the Seoul Central District Court, and made a proposal to the effect that the total acquisition price shall be 27.7 billion won [16.7 billion won [1.1 billion won (CR 14.7 billion won, DK (State), 1.1 billion won) + the acquisition price of corporate bonds + 1.1 billion won for the acquisition price of corporate bonds] but the acquisition price of CJ shall be 1.1 billion won while maintaining CJ as a continuing company. On January 18, 2006, upon receipt of the above acquisition proposal, the Seoul Central District Court concluded a preferential negotiation agreement with CJ on January 25, 2006, and entered into an investment agreement with CJ and the Seoul Central District Court on March 9, 206.

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