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(영문) 서울남부지방법원 2016.01.07 2014고합607
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a person who actually operated E, a consulting company, which is a consulting company on the bypass listing interest of the representative director of D Co., Ltd. of a mushroom distribution and processing company.

On July 2, 2010, the Defendant, at the time of the change of the name to G Co., Ltd., a company registered with the Exchange (hereinafter “G”), filed a joint management agreement with H representative director I, a major shareholder, claiming that there was approximately KRW 4 billion claim amounting to KRW 4 billion, and entered into a joint management agreement with G former representative director J and former major shareholder K, and around July 9, 2010, the Defendant entered the said J and the Defendant as a joint representative director, and actually managed the said G from that time.

Around September 15, 2010, the above agreement provides a loan of KRW 1 billion to the defendant and provides a full payment within 60 days to the defendant's director, and as security, the defendant was in charge of the documents necessary for the resignation of the defendant's director. Since the defendant paid KRW 870 million to the above K by September 15, 2010 and did not pay the remaining amount, the above K and J have used the above documents received as security to deal with L and M with the defendant's joint representative director and directors, but the defendant again held a temporary general meeting of shareholders around September 20, 2010 and appointed N andO as joint representative director on the part of the defendant, with the above J and the aboveO as joint representative director; the defendant did not dispatch the aboveO as a joint representative director to monitor the flow of the company, and the defendant did not take measures such as dispatching the P and the above joint representative director as a new director on April 11, 2012 and did not take a new appointment of the defendant as joint representative director.

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