beta
Text
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
However, the defendant B is subject to objection.
Reasons
Punishment of the crime
1. Defendant A, including the Defendants’ identity, was the actual owner of N Co., Ltd. (hereinafter “N”) from December 15, 2010 to March 30, 2014, and the representative director of N Co., Ltd. (hereinafter “O”) and the actual owner of N Co., Ltd. (hereinafter “O”) who actually controlled N andO, and held the final decision-making right regarding overall affairs, such as fund management, at the same time.
Defendant
B As the F's Director (from August 18, 201 to March 30, 2014) and the head of the F's finance team (the head of the planning and management division, and the head of the finance accounting team of March 2013) of the FO as the F's fraud of the above A, who is in charge of the management of N andO's funds and disclosure affairs under the direction of the Defendant A, at the direction of the Defendant A.
N는 1988. 4. 7. 공작기계 수치 제어장치 및 정밀 제어 컨트롤러 제조 등을 영위할 목적으로 설립되어 1997. 4. 22. 코스닥 시장에 상장되었고, 2005. 9. 前 최대주주 대표이사인 P의 700억 원대 분식 회계 및 배임혐의가 적발되어 2005. 10. 18.부터 채권금융기관 공동관리가 개시되었으며, 2010. 12. 15. 50억 원 규모의 제 3자 배정 사모 유상 증자를 통해 N의 최대주주는 ㈜Q( 대표이사 R)에서 O로 변경되었다.
After N’s largest shareholder was changed to O, N continued to add business areas, such as smart glass business and screen golf products manufacturing business, but did not achieve results, and continued business losses have occurred since 2011. On March 11, 2014, the largest shareholder changed from Defendant A to S. In March 14, 2014, he/she made a capital reduction decision (20:1) on March 14, 2014, and at least 3 billion won (individual 23.8 billion won) and 50% of capital erosion rate in the year 2013 (year 81.3%), “public announcement of the occurrence of reasons for designating or cancelling the internal management issues at the time of settlement of accounts,” was designated as management issues on March 20, 2014, and was listed as sales amount of less than KRW 700 million on March 27, 2015.
O means capital of 568 million won that provides patent-related services established on April 1992.