logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.06.23 2015고합136
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the victim F Co., Ltd. (hereinafter “F”) is a company operating a telecommunications equipment development business on the G building s-905 in Seongbuk-gu Seoul Metropolitan Government and the 7th floor of the H building in Gangnam-gu Seoul Metropolitan Government, Seoul. The Defendant is a person who served as a representative director from June 26, 2009 to June 26, 2009.

F paid-in capital increase of 418,200 shares registered ordinary shares (5,000 won per share) on March 22, 2011 at KRW 22,716 (in par value, KRW 5,000), and I Co., Ltd. (hereinafter “I”) paid-in total of KRW 9,49,831,200, and acquired all shares of 418,200 shares for paid-in capital (hereinafter “instant shares”).

Afterward, while participating in the management as a single shareholder of F, I provided financing to F, from March 2012 to November 201 of the same year, including lending of KRW 3,140,000,000 to F (hereinafter “instant loan”) and the Defendant, who is the representative director, to the J (J. , hereinafter “J”).

I demanded F to repay F as soon as possible total of the instant loans, interest claims, and loans to J (hereinafter “the instant loans, etc.”), and proposed F to waive the management of F Company and take over the instant stocks into account the principal of investment, and F and F to pay the instant loans, etc. by February 28, 2014, on condition that F and F shall repay the instant loans, etc. to F and F until February 28, 2014 with respect to the disposal of the instant loans, stocks, etc., on condition that F and F will hold rights to purchase the instant stocks in the principal of investment (22,716 won per share) (hereinafter “the first agreement”).

Accordingly, the Defendant attempted to purchase I’s shares to acquire I’s own shares from I, and to increase capital for a consideration (3,880,824,156 won in total) of 170,841 shares on October 3, 2013.

arrow