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(영문) 서울남부지방법원 2016.10.28 2014고합516
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Ⅰ The Defendants, etc., as well as the representative director and manager of G Co., Ltd. (hereinafter “G”) for which the rehabilitation procedure is in progress, Defendant A, while taking overall charge of the overall business of the company, took charge of the overall business of the company, was involved in the business of raising the acquisition fund for G takeover promoted by H, etc. for sale, and was in charge of G M&A, such as attracting investors.

Of the facts charged in the case of "2014 Gohap561" and "2014 High Gohap562", the part of the facts charged that "the defendant A consulted with H to acquire a company by raising G acquisition funds together with H and overall control over the takeover of a company" is modified and recognized as such.

Defendant

B was in office as the vice-chairperson of G and was in charge of the business of attracting the investment fund in physical color of the G recipient.

I was engaged in the activities of the Central Roster, and was in charge of the G acquisition work by contact with J, which is a lux of the middle dong region.

H was an actual operator of K Co., Ltd. (hereinafter referred to as “K”), the acquiring entity of G, and was in charge of taking over affairs, such as raising funds for G acquisition.

L as the vice president of K, he was in charge of the preparation of this report data, the borrowing of acceptance funds from the UK fund M in Hong Kong, and the preparation of documents necessary for acceptance such as bid proposals.

N was in charge of all duties necessary for G acquisition, such as preparation of basic documents necessary for acquiring work, purchase of bank balance certificate, and payment of K's funds, in accordance with H's instruction, while working as H's secretary's secretary.

On the other hand, G was listed on the securities market after its establishment on November 27, 1958 on June 30, 1975. After the rehabilitation procedures commenced on July 3, 2012, G was abolished on March 31, 2014, and was declared bankrupt on April 16, 2014.

II. Criminal facts of 2014 High 516 (Defendants)

1. The Defendants’ progress and progress in G M&A, together with H, I, L, N, etc., a force of uncapital M&A, and at least 500-60 billion won necessary for G acquisition.

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