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(영문) 서울중앙지방법원 2013.07.19 2012고합766
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A. The Victim Z Bank Co., Ltd., A., and A., of Section 1-A, (b), and (f), and Section 1-C of the ruling.

Reasons

Punishment of the crime

[criminal power] On January 30, 2009, Defendant A was sentenced to a suspended sentence of two years in January 1 and October of 2009 and the judgment became final and conclusive on February 5, 2009, for the reason of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

[Status of Defendant A] The major shareholder of his family members is 31.5%, 35%, 31%, 31%, 2.5%, and 100% equity interest in the AD Bank (hereinafter “AD Bank”), Z Bank Co., Ltd. (hereinafter “Z Bank”), AB Bank Co., Ltd. (hereinafter “AB Bank”), AB Bank Co., Ltd. (hereinafter “AC Bank”), and AC Bank Co., Ltd. (hereinafter “AC Bank”), which are practically controlled by the major shareholder’s family members, through the AD Savings Bank (AD, Z, AB, and AC).

(A) AE’s equity holding limit: A 31.5%, A’s wife AJ 35%, A’s AE (60.7%) holding a total of 97.5% AD bank’s equity holding 65% of the AD bank’s equity holding 62.1% of the Z bank’s equity holding, AC bank’s equity holding 90% of the AB bank’s equity holding 31.4% of the AB bank’s equity holding (hereinafter “AB savings bank”), and through the above bank, AB bank (hereinafter “AB savings bank”) holds 10% of equity holding, 13.8% of equity holding, and 8.7% equity holding by AB bank, respectively.

On the other hand, through AH corporation divided from AE and AE to July 5, 201, Defendant A actually controls AH 95.2% of its equity interest in AI, Defendant A 1.2% of its equity interest, wife AJ 1.4%, and wife AK 1.7% of its equity interest.

Defendant

A Based on these governance structure, as the president of AD Bank, Z Bank, and AB Bank from November 2000, from around October 2007, as the president of AC Bank from around October 2007, and the appointment and dismissal of officers and employees of the above banks and companies.

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