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(영문) 서울중앙지방법원 2015.02.13 2014고합44
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment of 2 years and 6 months and fines of 5,00,000, Defendant B and C shall be sentenced to imprisonment of 2 years and 6 months, and Defendant D, respectively.

Reasons

Punishment of the crime

【Criminal Power】 On December 27, 2013, Defendant A was sentenced to 8 years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). The judgment became final and conclusive on June 26, 2014.

【O Co., Ltd. (hereinafter “O”) was established as P on April 1, 1997, regardless of the mutual change, and the name of “stock company” was changed to S around September 30, 201, following Q acquired as R on December 11, 2009, to S around September 30, 201, and to O on December 29, 201.

Defendant

A is the maximum shareholder of Q Q, including holding 23.83% of the shares issued by Q, the trade name of which was changed as of June 30, 2010 as of the commencement of the acquisition of Q around 1999 and completion of the purchase procedure in 2000, and holding 23.83% of the shares issued by Q, which was issued in the name of a related party, such as Canada (17.19%) and Vice V (4.9%). Since he/she was appointed as the representative director on January 21, 2002, he/she is an employer who runs a financial business by taking overall charge of the management transition, such as the credit receipt of Q, while employing 417 full-time workers.

On the other hand, Q is a major shareholder holding 49.29% of the O's shares. Defendant A and his specially related persons hold 45.92% of the shares of Q. Q hold 49.29% of the shares of Q. A is a major shareholder under the mutual savings bank law.

(Article 2 subparagraph 11 of the Mutual Savings Banks Act, Article 4-2 (1) 2 (c) of the Enforcement Decree of the same Act, and Article 30 (1) and (2) 2 of the Enforcement Decree of the same Act.

Defendant

B The major shareholder X of the WT, which owns 50.71% of the O shares, owns 16.96% of the shares of the WT, and Y holds 6.13% of the X’s shares, and Defendant B holds 76% of the shares of Y.

As such, Defendant C, the current representative director of theO, is also the defendant B, who is a person who is in the position to make a decision by participating in important affairs, such as personnel affairs, credit, and receipt of funds.

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