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(영문) 서울남부지방법원 2018.05.24 2017고합534 (1)
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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.

Reasons

Punishment of the crime

1. Around April 27, 2015, the principal offender’s crime E, F, and G acquired KRW 74,200,000,000, out of the shares of H and I Co., Ltd. (hereinafter “victim”) owned by H and I (hereinafter “I”) around 7, 2015, at KRW 70,000,000,000. However, a principal contract for stock trade and payment of the purchase price of shares was concluded with a promise to implement prior to December 2, 2015, and even when the purchase price of shares was not paid, E was transferred to the representative director of the Victim Co., Ltd. as the representative director of the Victim Co., Ltd., Ltd., the F’s wife as the inside director, and the head of the management support office as the inside director and the director of the Victim Co., Ltd., Ltd. (hereinafter “victim”).

E and G are the representative director or internal director who exercises overall control over the property management, fund execution, etc. of the victim company, and F was a person who actually operates the victim company together with E and G, and has the duty to manage the property of the victim company for the victim company.

E, F, and G were unable to prepare KRW 5.5 billion out of the victim's acquisition fund of KRW 7 billion, and L and M were introduced to provide advice related to corporate acquisition and corporate financing brokerage services, and decided to receive advice from them to provide acquisition fund by securing the deposited assets of the victim company as a collateral of bonds, and entered into an agreement to acquire the victim company from G as the purchaser on November 11, 2015.

E, F, L, and M around November 11, 2015, at the P Bank Q2 located in Gangnam-gu Seoul Metropolitan Government O, and at the P Bank Q2, the Defendant under G’s instruction, together with R other than the Defendant, and the bond company, withdrawn the amount of KRW 5.5 billion deposited by the victim company, and issued a cover note as the first place in Seocho-gu Seoul, Seocho-gu, Seoul, with a large point of 275 Enterprise Bank members, and R issued the cover note as the said check. The said cover note as the so-called “former State” is provided as collateral for the bond amounting to KRW 5.5 billion.

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