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(영문) 서울남부지방법원 2014.01.16 2011고합514
자본시장과금융투자업에관한법률위반등
Text

1. The defendant A shall be punished by imprisonment with prison labor for not less than two years and six months and by imprisonment for not more than two years; and

2.However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, in fact, has exercised a dominant influence on R’s decision-making as a registration director of Q (hereinafter “R”) who is one of the controlling shareholders of the P Group (hereinafter “P Group”), and as a registration director of the Victim R Co., Ltd. (hereinafter “P”) who is a subsidiary of Q (hereinafter “P Group”).

On March 17, 2010, the defendant requested the office of the defendant of Jongno-gu Seoul Jongno-gu S 24th floor, and requested the representative director of R to lend the amount of KRW 200 million of the corporation fund to the defendant's U.S.

The head of the finance team of T and R has the duty to take necessary measures to prevent damage to the R's property by performing the loan by appropriately examining the financial status, repayment ability, etc. of U, the contracting title, and preparing a collection plan, such as securing sufficient collateral to preserve the claim, etc.

Nevertheless, in violation of his duties, V did not properly examine U's financial status, etc. and did not secure any plan for preserving U's financial status, and determined 6.0% interest rate and approved the loan to U.S., and T also approved the execution of the above loan in violation of his duties and transferred KRW 200 million to U.S. bank account.

As a result, the defendant acquired financial benefits equivalent to KRW 200 million to U jointly with the R representative director T, and suffered financial damage equivalent to the same amount to the victim R.

In addition, the Defendant, together with the R representative T, obtained a total amount of 3.4 billion won from March 17, 2010 to January 31, 201, 14 times in the same way from March 17, 2010 to U, and suffered a property damage equivalent to the same amount from the victim R.

2. Defendant B is the largest shareholder of W Co., Ltd. (hereinafter “W”).

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