beta
Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and six months, and by a fine of three thousand won.
Reasons
1. The summary of the facts charged is the representative director of the KJ Co., Ltd. (hereinafter “J”) from February 11, 2010 to November 23, 2007.
Defendant
B is a director of I who is appointed as a director through a temporary general meeting of shareholders on December 16, 2010, and is a transferee of management right.
Defendant
On November 25, 2010, Defendant A, as the representative director of I and J, decided to transfer the management rights of I with respect to the registered common shares 1,636,126 shares and I to Defendant B in the purchase price of KRW 6 billion.
Defendant
A, upon entering into the above management acquisition agreement, agreed to transfer the preemptive right to 10,500,000 shares of registered ordinary shares issued by I to the person designated by B, and agreed to immediately withdraw the amount paid by the exercise of the preemptive right from the cashier's checks to the law firm and take the form of Escow.
However, the facts are as follows: (a) B, a transferee of management right, borrowed money from K from the beginning to prepare KRW 12.5 billion for the bond company to exercise the preemptive right to KRW 10.5 billion; (b) and (c) the above K withdrawn cashier’s checks equivalent to the above amount from the loan security to the loan account; and (d) Defendant A also concluded a contract to transfer the management right to the above B for KRW 6.0 billion; (b) he received an additional amount of KRW 1.65 billion from the management right premium; and (c) 12.5 billion from the company’s bonds to the investor N in order to receive early repayment of KRW 2.6 billion from the company’s creditors; or (d) conspired to subscribe to the agreement to pay KRW 12.5 billion deposit in the above B’s transfer of management right to the above B to the above B.
Defendant
A, in collusion with the above B, etc. on November 25, 2010, at the point of the SC Japan Bank located in Jongno-gu Seoul, Jongno-gu, Seoul, Seoul, 251, K 12.5 billion won from K.