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(영문) 수원지방법원 2015.06.04 2014고합145
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant was sentenced to the violation of the Labor Standards Act, the violation of the Act on the Guarantee of Workers' Retirement Benefits, the imprisonment with prison labor for one year and two years of suspended execution, and the judgment became final and conclusive on September 26, 2014.

[Attachment fact] The defendant served as the representative director of E Co., Ltd. (F, March 27, 2009; hereinafter “E”) established for the purpose of the former, telecommunications-related materials, and parts manufacturing and sales business from March 31, 2003 to March 30, 2009, and was in general in charge of the operation and financing of the above company, and the above E was listed at the KOSDAQ market around December 23, 2010 and was stated to be delisting on or around December 23, 2010, but this is deemed to be a clerical error and thus corrected as above.

Delisting in accordance with the Korea Exchange's decision of delisting.

E around May 18, 2008, a total amount of capital of 10 billion won is merely 10 billion won, causing the deficit of 15 billion won in the current net loss and raising funds by issuing 500 billion won bonds with overseas preemptive rights (5 billion won) on or around May 2007, but H fund, a bondholder, exercised the right to claim early redemption on or around April 18, 2008, with intent to sell E stocks and goodwill to others.

On the other hand, the J, which practically operated the I Co., Ltd. (hereinafter “I”), mobilized the corporate bonds with K and L, etc. with the representative director K and L, raised the acquisition price, and acquired the same E with capital without capital, and thereafter, led to the acquisition of the E capital through a large amount of capital increase with capital increase.

On May 15, 2008, the Defendant entered into a contract with K on May 15, 2008 for acquisition of shares and management rights for the shares of KRW 11,295,985 (Share 41.71%) and KRW 13.5 billion, and shares and management rights for KRW 2 billion on May 15, 2008, KRW 4.9 billion on May 2008, KRW 4.9 billion on May 20, 2008, KRW 3.1 billion on June 3, 2008, and KRW 11 billion on June 20, 2008.

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