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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
, however, for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[former Facts] The E Co., Ltd. (F Co., Ltd. before the mutual change on Feb. 9, 2009; hereinafter “victim”) is a company established on May 2002 and operated a hotel E in the area of G and 8 lots from early 2006 to early 2006, and engaged in accommodation business and related incidental business.
Defendant
A Co., Ltd., a multi-level company, which was operated by Dong Jae H, transferred 9.7% of the shares of the damaged company that was held on December 29, 2006 to J (K before December 29, 2008) that was related company. Defendant A transferred the management rights of the above J et al. from H who was detained on early December 29, 2009 to April 9, 2013, Defendant A was in charge of decision-making on major business matters, such as substantial management of the damaged company as the president, as the representative of J et al. who was the parent company.
Defendant
B was employed at the above hotel around November 1, 2009, and was employed as a director of the victimized company from January 10, 201 to January 29, 201, and was delegated by Defendant A with the authority to conduct the ordinary business affairs of the above hotel from January 10, 201 to January 29, 201, and was in charge of all business affairs related to the operation of the hotel with the victimized company and the hotel.
On December 16, 2010, 99.7% of the shares of the victimized company held by the above J commenced auction in accordance with the seizure and collection order issued by the Seoul Central District Court. Accordingly, according to the proposal of L/C employees of the victimized company, the Defendants were to establish a corporation around August 201 and to conclude that the corporation is in excess of the right to operate the hotel for the entrusted management purpose, and even if the shares are sold in the future, even if the shares are sold in the future, the ownership of the hotel of the Defendant A continues to maintain the right to manage the hotel by denying the effect of selling the shares with a provisional disposition of prohibition against disposal of the Republic of Korea against the shares.
Accordingly, Defendant A established M&A on August 22, 201 and around that time, Defendant B et al.