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(영문) 서울중앙지방법원 2017.07.19 2015고합1185
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A shall be punished by imprisonment for three years.

Defendant

B The summary of the verdict of innocence shall be publicly notified.

Reasons

Punishment of the crime

[Status of Defendant A] As the representative director of K Co., Ltd. (hereinafter “K”) operating a golf course with the trade name of J (hereinafter “J”) from August 23, 2006 to January 21, 2008, and from July 23, 2009 to October 201, 2015, Defendant A is a person in a position to exercise overall control over the said company’s fund management, etc., and Defendant A is a major shareholder who was a de facto holder of K’s stocks.

[Criminal facts]

1. The relevant J with Defendant A and J (hereinafter “L”) transferred L Co., Ltd. (hereinafter “L”) to B at the beginning on September 1989 and operated “M” in the trade name on condition that L Co., Ltd.’s construction of a golf course of 18 holes in Gwangju City would be concurrent with the G, i.e., 94, around 94. On November 1, 1997, 564 members of the existing L Co., Ltd. (hereinafter “M”) transferred 50,000 won per one (10,000 won, loan 50,000 won, and 200,000 won, and 30,000,000 won and 18,000,000 won (hereinafter “M”). The former L Co., Ltd., Ltd., Ltd., established a golf course with a golf course site of 9,00,000 won (hereinafter “M”) and 3,000,000

At that time, Defendant A, a N’s shareholder, was appointed as the N’s representative director on January 2006 while working as the Chairman of the Emergency Countermeasure Committee composed of N’s shareholders, and B continued physical conflict over N non-emergency Countermeasure Committee and golf course operation, and the acquisition price of the right to register a site and golf course is nine holes.

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