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(영문) 서울중앙지방법원 2016.01.08 2015고합712
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. (States) The most advanced payment, etc. to E;

A. On August 10, 201, the Defendant violated the Commercial Act: (a) borrowed funds for issuing stocks to offer the amount borrowed from F, G, H, and H as a security; (b) deposited KRW 460,686,00 from H to (ju) borrowed funds for issuing stocks to withdraw the amount of stocks to return it to H, etc.; (c) borrowed KRW 460,686,000 from H to (ju) borrowed funds for issuing stocks; and (d) issued a certificate of keeping stocks in custody; and (d) transferred the total amount of capital to H through a certified judicial scrivener at the nearby registry at the time of Chungcheongnam-si, which is the head office under the jurisdiction of the E (ju), from KRW 2,85,765,90 to KRW 2,915,907,500 to KRW 2,686,00,000; and (d) returned to H the total amount of capital to H.

As a result, the Defendant, in collusion with F, G, and H, proposed the payment of KRW 460,686,00 for the shares related to the bond-related shares of KRW 460,686,00 on the 18th of the same month, including the disguised payment of KRW 614,248,00 for shares on the 22th of the same month, and KRW 767,810,000 for shares on the 25th of the same month, and KRW 2,303,430,00 for shares around the 25th of the same month.

B. The Defendant in collusion with F, G, H, etc. to apply for the change of the commercial register with respect to E at the same time on or around the same day as in the preceding paragraph, and submitted to the public official in charge of the application for the change along with a certificate of deposit of shares issued as above, and had the public official in charge of the knowledge of such fact enter the change in the column for “total number of shares issued” of the commercial register for E” and “total amount of capital” as KRW 29,159,075 in the column for the “total number of shares issued” of the commercial register for E” and 2,915,907,50 in the “total amount of shares issued” column for the commercial register for E, and had the public official in charge of the knowledge of such fact enter the fact of insolvency in the commercial register, which is a fair deed, and thereafter exercised

Defendant, F, G, H, etc. and the total number of shares issued in the commercial register around the 19th of the same month, including this, shall be 29,894,93 shares, total amount of capital 2,989,49,300, and around the 23th of the same month.

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