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(영문) 의정부지방법원 2011.11.28 2011고합171
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A and D Imprisonment for two years and six months, and each of the defendants B and C shall be punished by imprisonment for three years and six months.

However, the defendant D.

Reasons

Punishment of the crime

[Criminal Power and Basic Facts] Defendant B was sentenced to five years of the suspended sentence to three years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Seoul Southern District Court on December 29, 2009, and the judgment became final and conclusive on September 9, 2010. On January 28, 2011, the Jung-gu District Court sentenced four years of imprisonment to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on September 29, 2011. Defendant D was sentenced to one year of suspended sentence from Seoul High Court to the violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on November 10, 201, and became final and conclusive on September 18, 201.

Defendant

B and C entered into a contract on July 7, 2009 for acquisition of shares and management rights with the content that, at the time, visual production was the largest shareholder of M Co., Ltd. and the actual operator of M Co., Ltd. and the above company's shares 2,190,000 shares and management rights amounting to 16 billion won.

However, at the time, Defendant B and C had no property to pay the above acquisition price, and there was a situation in which Defendant D and A entered into a contract with N to transfer the above company to N around December 2008 and appointed N as a representative director, but N was actually failed to receive the acquisition price from N on April 2009 for the reason that N did not receive the acquisition price due to the failure, etc. after having terminated the contract with N around June 2009.

Defendant

A and D actually operated the Victim M corporation from March 2008 to October 12, 2009, and Defendant B and Defendant C were the representative director of the said corporation from October 13, 2009 to August 26, 2010.

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