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(영문) 부산지방법원 2016.10.28 2016고합390
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor for four years and for three years and six months, respectively.

Reasons

Punishment of the crime

【Institution of electric restraint - Status of Defendants, and Relationship of Control and Operation of Company】

1. Defendant B’s video screen from around 1989

As of December 31, 2015, the major shareholder of K Co., Ltd. (hereinafter referred to as “K”) (hereinafter referred to as “K”) who is a manufacturer or seller of electronic devices, such as a reflecte cycle, is 89.6% of the shares of the Defendant as of December 31, 2015, and the remaining shares are actually distributed, and

Since June 10, 2013, L, who was retired from the representative director and was appointed as the representative director. However, even after that, K and its subsidiaries have been continuously paid remuneration and have been actually operated, the overall affairs of K and its subsidiaries, such as the management of the company's funds, etc., until now.

2. Also, Defendant B’s motion picture summary

In addition to the reflect cycle business, the real equity ratio of Defendant B, a real estate developer, as the real estate developer, is 100% (No M equity is held). However, the shareholder name has been divided into 40%, L(L) 30%, R(M) 30%, and R(M) 30%, and as the shareholder and the representative director, the company M(M) has been established and has overall control over the business as well as the company management until now.

Meanwhile, until March 2015, Defendant B owned the headquarters, factory building and site, and its surrounding site and ground building (hereinafter “Nsite and building”) located in the Busan-gu Busan-gu N et al. (hereinafter “N”), but held a blanket sale as apartment site and held it over the registration of ownership transfer on March 31, 2015. Defendant B had conducted a business using the trade name “O” and leased the N site and building to K et al. to receive rent.

Defendant

B, regardless of K's duties, to P, Q, to be in exclusive charge of management of personal real estate owned by the public, such as land owned by M regardless of K's duties, the above N site and buildings, and to assist management affairs by one or two accounting staff members belonging to M.

3. Defendant B’s motion picture screen with K from the end of October 2007

(S) and price increases that have been over the counter-string market.

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