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(영문) 서울서부지방법원 2020.12.24 2020고단879
상법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 1, 2015, the Defendant, at the Seoul Western District Court, was sentenced to one year of suspension of the execution of imprisonment with prison labor for violating the Labor Standards Act, etc. on July 11, 2016, and the said judgment became final and conclusive.

The Defendant, as the representative director of B Co., Ltd. (hereinafter referred to as “B”) a listed company for the purpose of manufacturing and selling steel products, was employed from March 20, 209 to June 15, 2016, and from May 10, 2017 to December 7, 2018. The Defendant, as an internal director, was in office from March 20, 2009, and C was in office as a director of B’s company from January 21, 2015 to April 27, 2017 and was in fact in office as a major shareholder and representative director of D (hereinafter referred to as “D”).

No listed company shall extend credit to a person who falls under directors and executive directors, such as lending money or other property with economic value, to another party or for such person.

Nevertheless, on September 25, 2015, the Defendant transferred KRW 3199,980,000 from the above C’s Enterprise Bank Account (E) to the F Bank Account (G) account under the pretext of a loan to C, and on November 2, 2015, remitted KRW 100,000 from the H Bank Account (I) to the F Bank Account of the above C to the F Bank Account.

In addition, on November 4, 2015, in order to C, from the H Bank account (I) in H Bank account in B on November 4, 2015 to the H Bank account in D, KRW 350 million was remitted from the H Bank account in B on December 31, 2015 to the K Bank account in B on December 31, 2015.

Accordingly, the Defendant extended credit by lending the sum of KRW 419.98 million to C and KRW 769.98 billion to D for C as above.

Summary of Evidence

1. The defendant's partial statement and M legal statement in court;

1. Part of the protocol of interrogation of suspect by prosecution against the defendant, N, C, andO (including part of the interrogation of suspect by prosecution, part of the prosecutor's office, and police statement regarding M;

1. A protocol concerning the examination of each police suspect with regard to C or N;

1. A written confirmation and statement of P concerning the police statement C;

1. A written accusation;

1.Each.

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