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(영문) 서울중앙지방법원 2013.11.12 2013고단2205
주식회사의외부감사에관한법률위반등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 8 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant B’s status was between May 2008 and July 17, 2008; between December 2008 and November 6, 2009, Defendant B, a corporation listed on KOSDAQ established for the purpose of manufacturing and selling automobiles, sound equipment, etc.; and Defendant B, a person who actually operated the F Co., Ltd. (F from May 31, 200 to October 10, 207; Defendant G Co., Ltd. from October 11 to March 29, 2007; and H and March 30, 2009 to F Co., Ltd. from March 30 to July 17, 2008; and Defendant A substantially operated the F from July 18, 2008 to October 208.

2. Defendant B, on April 2008, became aware of the facts leading up to the acquisition of shares by F I Co., Ltd. (hereinafter “I”) and the value of its shares, etc., Defendant B, the representative director of I, who is the IO representative director, in colored on KOSDAQ-listed corporations that could be circumvented through K, a representative director of J Co., Ltd. (hereinafter “J”).

Defendant

B through K, the F management’s embezzlement and breach of trust in the financial statements 2007’s 2007’s 2007’s 15 billion won of the company’s funds were leaked to outside, and in order to conceal this, the above funds were returned to the company.

In explaining the purport of the ‘F', it was requested to resolve the problem so that 15 billion won, which was falsely accounted as the ‘requirements for acquisition by transfer of management rights', is not at issue.

Defendant

A Accordingly, around June 3008, by requesting an accounting firm to assess the stock value of 171,000 shares of I and submitting a business plan, etc. for I’s future projects with a clear possibility of realizing the shares value, A was assessed as KRW 19,000 per share in total amount of KRW 34,029,000,000 per share, and as if the Defendant B and the above shares were sold as the total amount of the shares, I would like to arrange to resolve the amount of KRW 15,00,000,000 which has been falsely managed as above, and then, I received a loan of KRW 16,00,000 from the New Capital of Credit Business from J around June 30, 2008 and then to F account.

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