logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.23 2014고합651
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment for five years, Defendant B and C shall be punished by imprisonment for one year and six months.

However, Defendant B and C.

Reasons

Punishment of the crime

【Defendant A was sentenced to the suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Seoul High Court on December 9, 2010, and the judgment was finalized on December 17, 2010. On November 15, 2013, the Seoul Central District Court sentenced the imprisonment of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on December 11, 2014.

Defendant

B On June 13, 2014, the Seoul Central District Court sentenced 2 years of suspended execution to 3 years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the Seoul Central District Court, which became final and conclusive on February 12, 2015.

【Criminal Facts】 Defendant A and B, around June 2010, used corporate bond funds without equity capital to promote the acquisition of the victim M Co., Ltd. (hereinafter “M”), a KOSDAQ-listed corporation (hereinafter “M”) by using corporate bond funds with L around June 2010.

On June 18, 2010, between Defendant A, L, etc. and P Co., Ltd. (hereinafter “N”) operated by the O (hereinafter “P”), the management agreement was concluded between N and P Co., Ltd. (hereinafter “N”) to acquire the management rights of the victim M by investing in the victim M by acquiring 2 million stocks of the victim M owned by N, etc. (hereinafter “P”).

According to the management agreement above, N paid 50 million won for the contract performance bond on June 18, 2010 to N, and 500 million won for the intermediate payment to management premium on July 16, 2010, and on September 8, 2010, N acquired 1 million won for the victim M& owned by P from O.

On September 1, 2010, L and Defendant B became a registered director of the victim M at the temporary general meeting of shareholders, and on September 7, 2010, Defendant B was appointed as the representative director of the victim M, together with theO.

Defendant

A's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) The defendant is urged to pay the money borrowed from creditors, including Q, to acquire the victim M.

arrow