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(영문) 서울남부지방법원 2012.12.07 2011고합497
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 January 31, 2008, the Defendant was sentenced to a suspended sentence of two years for the crime of occupational embezzlement in Seoul Southern District Court on August 31, 2008, and the said judgment became final and conclusive on November 6 of the same year.

Criminal facts

[The defendant's status and duties, etc.] C, D, and E shall take over the major shareholders' shares and the right of management of F Co., Ltd. (hereinafter "victim Co., Ltd."), a company listed on KOSDAQ on August 28, 2007, and the injured Co., Ltd. (hereinafter "victim Co., Ltd" was abolished on April 2009), and take overall control of the management including the finance (fund raising, management, and execution) of the victimized Co., Ltd by holding the office of president or vice president until December 28, 2008. G shall take office as the representative director of the victimized Co., Ltd. on August 28, 2007 and worked until April 2009, and both G, C, D, and E shall not engage in any act of causing damage to the victimized Co., Ltd., such as preserving the assets of the victimized Co., Ltd. and bearing unnecessary obligations not related to the operation of the company.

The Defendant operated H Co., Ltd. (hereinafter “H”) and I Co., Ltd. (hereinafter “I”), a corporate restructuring consulting firm.

The J, around December 2006, was appointed as the representative director of the K K and worked until June 2008, and on October 31, 2007, the K in charge of the dispute resolution was changed to the K in charge of the dispute resolution, and on May 21, 2008, the K in charge of the dispute resolution was changed to the K in charge of the dispute resolution.

【Criminal Facts】

On October 22, 2007, from around September 9, 2007, the Defendant had been holding 6.3 million shares of K in the name of I, and around November 15, 2007, the Defendant filed a lawsuit against the K in-house Development Bank, claiming confirmation of the absence of a resolution of a temporary general meeting of shareholders on October 31, 2007.

The defendant tried to sell K K's 6,300,000 shares held by J to KRW 4,00,000,000,000, but was aware of the fact that it is necessary to guarantee the payment of the damaged company, which is the listed company, with knowledge of the fact that

The Defendant was in possession of shares I between J around February 1, 2008.

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