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(영문) 서울서부지방법원 2015.02.04 2013고정2892
주식회사의외부감사에관한법률위반등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A From September 11, 2008 to January 21, 2009, as a registration director and representative director of H in Seoul Mapo-gu Seoul Metropolitan Government Building 301, on November 18, 2010, the above punishment was finalized on January 27, 201 after the Seoul High Court sentenced one year and six months to imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on January 27, 201. On June 17, 2011, the above punishment was finalized on October 27 of the same year after the Seoul High Court sentenced one year and six months to imprisonment with labor for embezzlement, etc., and Defendant B was the registered director and the president of “H” from September 10 to December 10, 2009, and was embezzled from June 1, 2009 to December 10, 2017.

1. No director or auditor of a joint criminal administration company in violation of the Act on External Audit of Defendants A and B, nor any other person in charge of accounting of the company shall prepare and disclose any false financial statements or consolidated financial statements in violation of accounting standards;

Nevertheless, on September 10, 2008, Defendant A and Defendant B borrowed KRW 14 billion from the bond company I to take over the above “H”. On September 11, 2008, Defendant B, etc. voluntarily withdrawn KRW 2.8 billion from the bank account under the name of “H” to pay the above debt, and issued convertible bonds for the purpose of securing obligations to I and withdrawn KRW 1.999 billion from the subscription price, but completed the registration of issuance of convertible bonds as if they were normally paid-in, in order to conceal the fact that Defendant B, etc. had purchased KRW 5.1 billion of shares J Co., Ltd. as if they were purchased at KRW 5.1 billion, and reflected the decision on acquisition of shares and subscription certificates, asset acquisition report, asset acquisition report, asset acquisition report, etc. at the above company’s office around October 28, 2008.

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