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(영문) 수원지방법원 2013.04.02 2012고합960
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

On January 30, 2004, the Defendant was sentenced to three years in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). On January 19, 2006, the Defendant completed the execution of the sentence in Seoul Southern Prison.

1. The Defendant and C/D status and the process of acquiring the management rights of the damaged company, and the Defendant, as the actual managers of F&F Co., Ltd. (hereinafter “victim”) listed on the 15th floor of Songpa-gu Seoul E-building for the purpose of manufacturing and selling electronic and electronic equipment and parts of the 15th floor, and the change of trade name to G, Inc., Ltd. for the purpose of sale, have overall control over the affairs such as personnel and organization management of the victimized company, management and execution of funds, accounting management, etc., and C is the representative director of the victimized company, and D, as the vice president of the victimized company, as the Defendant and the vice president of the victimized company.

On July 3, 2006, the Defendant established H. (hereinafter “H”) to take over and manage listed companies. On August 31, 2006, the Defendant acquired 70,000 shares (7.29%) and management rights of the victimized company from H, the largest shareholder of the victimized company, and the former management, from H, in the name of H, KRW 6 billion. The acquisition price was KRW 2 billion invested by J, KRW 1 billion, KRW 1 billion borrowed from H, KRW 1 billion borrowed from H, and KRW 2 billion borrowed from L, the corporate bond company.

2. Specific criminal facts;

A. A. Around February 21, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) due to the unauthorized Provision of the cover notes worth 11 billion won, with C and D, in the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government M around February 21, 2007, with intent to participate in the capital increase with the third party allocation of KRW 29.9 billion conducted by the victimized company in order to enhance the management right by raising the equity ratio of the victimized company, and borrowed KRW 10 billion from N under H’s name to this end.

(2) the injured company.

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