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(영문) 서울중앙지방법원 2016.09.02 2014고합898
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor for 6 years and 6 months, 2 years of imprisonment for Defendant B, and 2 years of imprisonment for a crime under the judgment of Defendant C.

Reasons

Punishment of the crime

【Criminal Power】

1. Defendant A was sentenced to two years and six months in Seoul High Court on February 17, 2005 to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on April 25, 2007, and the execution of the sentence was terminated in the Ansan Prison on May 28, 2010. On June 5, 2010, Defendant A was sentenced to six months in imprisonment with prison labor at the Seoul Central District Court on June 26, 2013, and the judgment became final and conclusive on August 3, 2013 by being sentenced to four months in imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and on September 5, 2014, the said judgment became final and conclusive on November 13, 2014.

2. Defendant B was sentenced to one year of imprisonment for fraud, etc. at the Seoul Western District Court on October 23, 2009 and two years of suspended execution, and the above judgment became final and conclusive on February 13, 2010.

3. Defendant C was sentenced to four months of imprisonment with prison labor at the Seoul Central District Court on June 10, 2009 and one year of suspended sentence on June 18, 2009, and the above judgment was finalized on October 20, 2015. On October 20, 2015, Defendant C was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for occupational embezzlement and two years of suspended sentence, and the above judgment became final and conclusive on October 28, 2015.

【Criminal Facts】

Defendant A, around June 29, 2007, acquired the shares and management rights of R Co., Ltd. (hereinafter “Co., Ltd.”), which is a textile production company (hereinafter “Co., Ltd.”), and became the actual owner of the said company by taking over the shares and management rights of the said company from among the names of the said corporations once to once. Around September 6, 2007, he/she acquired the construction business chain Co., Ltd. and became the actual owner of the said company and became the owner of the said company from September 13, 2007, after he/she acquired the U Co., Ltd., which is a listed company under the name of S and his/her wife, as a manufacturer of electricity, electronic parts, and acquired the U.S. Co., Ltd., a listed company under the name of the said company and becomes the actual owner of the said R, S and U., and was in the position of the president of the said

Defendant

B is from October 25, 2007.

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