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(영문) 서울중앙지방법원 2012.10.18 2011고단4854
특수절도등
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

From February 11, 2010, the Defendant is the representative director of the J Co., Ltd. (hereinafter referred to as the “J”) from February 11, 201 to November 23, 2007.

Defendant

B is a director of corporation I who is appointed as a director through a temporary general meeting of shareholders on December 16, 2010, and is a transferee of management right.

1. On November 26, 2010, Defendant A, who committed the crime of Defendant A, kept an original copy of the minutes of the I’s board of directors meeting (the meeting agenda - the case of seizure of the exercise price of preemptive rights at the time of seizure of the account) returned from the SC Japan branch counseling office located in Jongno-gu Seoul, Jongno-gu Seoul, Seoul, on November 26, 2010, at the SCB counseling office, on November 25, 2010, Defendant A left the above minutes of the board of directors meeting at the request of the bond company K, etc., by making it possible to eliminate the above minutes of the board of directors meeting at the same place.

Accordingly, Defendant A destroyed the victim I’s documents.

2. On November 25, 2010, the Defendants jointly committed a contract for management rights and share acquisition with I, Defendant B borrowed 6 billion won for management rights and share acquisition (one billion won in total, including transfer shares 1,636, 126 shares, five billion won, and one billion won in total) from K from the bond company K, and Defendant A knew that Defendant B used bond funds, not its own funds.

A person who comes to hold stocks, etc. of a stock-listed corporation in bulk shall report to the Financial Services Commission and the Exchange the status of holding the stocks, etc., purpose of holding, details of major contracts on the stocks, etc. held, details of the change thereof, etc., and shall not make a false entry or

Defendant

B around December 3, 2010, at the 10th office of the Gangnam-gu Seoul Metropolitan Office of the 10th floor of the 10th office of the 10th office of the 10th office of the building, B tried to help the Financial Services Commission and the Exchange report on the stock holding situation. The MO shall be instructed by A to report the stock holding situation.

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