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(영문) 전주지방법원 군산지원 2017.11.02 2016고합185
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is 【Basic Facts】 Defendant C and Defendant B (AC) changed the trade name on January 26, 2016 to “JJ” for the victim I Co., Ltd.

From August 28, 2012, a person who had worked as a shareholder or director of the victimized company from around August 28, 2012, and Defendant A is a person who seeks to acquire the victimized company by purchasing the shares of the victimized company.

Defendant

On January 9, 2015, A purchased 198,000 shares of the victimized Company owned by Defendant B, 10,000 shares owned by Defendant C, and 10,000 shares owned by K, subject to the appointment of a person designated by Defendant A as a director and representative director of the victimized Company and the resignation of the existing directors.

Accordingly, at the temporary general meeting of the damaged company held on February 26, 2015, M was selected and appointed as a director, who is an employee of the Ma, who is an employee of the Kim GL golf course operated by Defendant A, and N's employee operated by Defendant B, and M was appointed as the representative director of the victimized company on March 6, 2015.

[Criminal Facts]

A. As to the issuance of new shares, Defendant B, Defendant C, and the representative director of the victimized company, directorO, P, around 1:00 on March 11, 2015, on the issuance of new shares, the board of directors of the victimized company was held at the N office operated by Defendant B in Gangnam-gu Seoul, and the N office operated by Defendant B in 2208 on March 11, 201, and the value of exercising the right to purchase new shares is KRW 5,00 per share, the total amount of the issuance is KRW 9 billion (the total amount of the first issuance, KRW 2 billion, the total amount of the second issuance, KRW 3.5 billion, the total amount of the third issuance, and KRW 3.5 billion). Defendant A resolved to issue new shares by taking the rights to acquire new shares as the underwriter of S (hereinafter “S”).

Defendant

B, Defendant C, M,O, and P are in the position of director of the victimized company, so the company's management such as introduction of new technology and improvement of financial structure.

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