logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.01.08 2014고합425
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendants shall be punished by imprisonment for two years.

However, with respect to Defendant B, it shall be for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Facts of premise;

A. The Defendants, etc. 1) G is the H Co., Ltd. (hereinafter “H”), and the part of “stock company” in the name of the company is omitted.

In the course of the operation of H, he/she invested or lent the H’s own funds with the K acquisition fund at the request of the J established by the I. After K acquisition, he/she left the K acquisition, and appointed Defendant A as the representative director, Defendant B as the vice-chairperson, and L as the managing director, and practically controlled the management right of K in the hinterland of the Defendants, including L. 2) While he/she was in office as the vice-president, Defendant A was involved in the acquisition of the K acquisition, such as the investment or loan of the K acquisition fund, and he/she was in office as a J-house director on January 222, 2013 while he/she was in office as the vice-president, and the same year after K acquisition.

5. On June 10, 2014, K’s representative director was appointed and was in office until June 10, 2014, and he participated in K’s management under the direction and direction of G along with Defendant B and L.

3) Defendant B participated in the acquisition of K from March 2013, and thereafter, he participated in the management of K under the direction and direction of G as the vice president of K, along with Defendant A and L. 4) L participated in the acquisition of the investment, loan, etc. of the K acquisition fund while being employed as H director, and he was appointed as the inside director of J on January 22, 2013. After K’s acquisition, he participated in the management of K under the direction and direction of G as the managing director of K.

B. 1) Electric Co., Ltd. related to the instant case (hereinafter “SPC”) is a KOSDAQ-listed corporation established on February 28, 2006 for the purpose of construction and civil engineering and construction works. 2) J on January 22, 2013, as a special purpose corporation (SPC: SPPPpa company) established by I to acquire K’s largest shareholder’s shares and right of management, the Defendant A and L, etc., who are H people, were appointed as inside directors in the course of raising funds through the form of loan from H, etc., and after that, G pressured I failed to raise funds, and led the Defendants to take over the shares and right of management.

arrow