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(영문) 서울중앙지방법원 2019.05.24 2018고합796
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From July 19, 2005 to March 27, 2009, the Defendant took overall charge of personnel affairs, accounting, and financial affairs as the representative director of the KOSDAQ-listed corporation B (hereinafter “B”) and the representative director of the KOSDAQ-listed company established for the purpose of anti-biological substitution and sales of money, character licensing business, etc.

D is the substantial operator of each company as the largest shareholder of the non-listed corporation E (hereinafter referred to as "E") (hereinafter referred to as "E") (hereinafter referred to as "E") who takes over B from March 27, 2009, works as the representative director from March 27, 2009, as well as the representative director of the non-listed corporation E (Korean) (hereinafter referred to as "E") who is the largest shareholder of B, and the local emergency director E (hereinafter referred to as "E") who is the subsidiary

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in trust) due to the payment of business bonds to E (Korea) has a duty to manage the funds, etc. of B as a representative director B in a manner that does not cause any damage to B properly by performing

On November 4, 2008, the Defendant entered into a contract with 130,000 shares (4.57%) and 4.5 billion won of the shares (4.57%) in E (Korea) and 8 persons, including F, who have most of the shares, and D requested the Defendant to suspend capital increase with capital increase in excess of 13 billion won in order to secure additional shares for the stable control of B, after having de facto neglected management rights due to the conclusion of the contract.

D The Defendant, upon the request of D, continued to receive capital increase in the amount of KRW 13 billion from B to a third party, and D, in the name of eight persons, including E (Korea) and F, extended to 24% the shares by participating in the capital increase in the amount of KRW 7.22 billion in the name of eight persons, including E (Korea) and F, but 15% out of the shares in E (C) held by 70% of the shares in the value of assets of E (C).

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