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(영문) 수원지방법원 2012.10.31 2012고합328
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On October 8, 2004, A was released on October 28, 2005 and the parole period was terminated on January 5, 2006, after having been sentenced by the Seoul High Court to a violation of the Securities and Exchange Act, etc.

Defendant

A is the largest shareholder and substantial manager of H (the name of H was changed to I, hereinafter referred to as "victim company") for the purpose of manufacturing and selling electronic equipment and parts in Daejeon Seo-gu G, Daejeon, and is a person who has overall control over the affairs such as personnel management and organization management of the victimized company, fund management, execution, accounting management, etc., and the defendant B is the representative director of the victimized company, who is under the direction of the defendant A and was in charge of fund management, execution, accounting management, etc.

Defendant

A A A A A A around May 2007, the largest shareholder of the victimized Company.

J. hereinafter referred to as “J”;

On August 23, 2007, when the management right of the above damaged company was transferred to Defendant A, not only the entire shares of J but also the 2.5 million shares of the victimized company held by the J at the time and 49% shares of K, a genetic development company in the Republic of Russia (3,724 shares) of K, a genetic development company in the Republic of Russia, were transferred to Defendant A.

Accordingly, Defendant A exercised the right to exercise the power, including the power to take the action by J.

L, M, N, etc. (hereinafter referred to as “former management”) in which the largest shareholder and the actual manager were the largest shareholder;

Along with the fact that the company is trying to transfer the right of management of the damaged company due to the continuous increase in the company and the increase in the company, they began to discuss the acquisition of the right of management of the damaged company.

Defendant

A around August 23, 2007, at the Seoul office of the damaged company located in Gangnam-gu Seoul (O), entered into a contract with the former management to take over the management rights of the damaged company, and Defendant A succeeds to the debt amounting to 15 billion won incurred by J as at the time, P, Q, etc., and instead Defendant A succeeds to the debt amounting to 15 billion won.

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