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(영문) 서울중앙지방법원 2013.11.07 2012고합1669
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. Defendants shall be punished by imprisonment with prison labor for up to two years and six months.

2. However, with respect to Defendant A, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On June 24, 2010, the Seoul High Court sentenced two years and six months of imprisonment to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and three years of suspended execution, which became final and conclusive on December 27, 201.

On February 3, 2009, the Seoul Central District Court decided on May 26, 2009 that the procedure was abolished by the same court on February 26, 2009.

On the other hand, J Co., Ltd. (J. hereinafter “J”) was listed on the Stock Exchange on June 29, 197 as a corporation for the purpose of manufacturing electrical and electronic equipment and manufacturing, wholesale and retail business, etc., and delistinged on July 15, 2009.

Defendant

B served as I’s director from January 21, 2005 to March 28, 2008, as I’s joint representative director from July 4, 2005 to July 28, 2005, as I’s joint representative director, from July 28, 2005 to July 28, 2005, as I’s sole representative director from July 28, 2005 to March 28, 2006. The J’s director from November 7, 2006 to April 15, 2008, from November 12, 2007 to April 15, 2007 to the J’s representative director, and for that period, the Chairman of the J’s board of directors has been in charge of the Chairman, from J’s former representative director, and from J’s and (M)’s former largest shareholder (hereinafter “O’s only”).

Defendant

A, as the introduction of P, was conducted from March 28, 2006 to March 28, 2008, and from November 7, 2006 to November 12, 2007, as the representative director of J, in charge of business management, fund execution, etc. of each company as the representative director of J. In addition, as to important funds execution or management affairs, Defendant B was reported from time to time and received instructions from Defendant B.

O The largest shareholder is to accept 3,809,523 shares issued at the cost by J on September 20, 2006 (1,050 won per share, and 4 billion won per share).

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