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(영문) 서울중앙지방법원 2012.01.05 2011고합680
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

From March 26, 2004 to January 12, 2007, the Defendant served as the representative director of the F Co., Ltd. (hereinafter referred to as “F”), a KOSDAQ-registered company, and served as the representative director of G (hereinafter referred to as “G”) from September 1, 2006 to December 1, 2006.

G, as a common telecommunications business operator on May 9, 2003, after the decision to commence a company reorganization procedure was made in the Suwon District Court's Bankruptcy Division, and around September 2003, G is proceeding in the direction of self-support. However, around August 19, 2003, G decided to sell G to a third party on October 5, 2005 due to the filing of a lawsuit for confirmation of reorganization claim amounting to USD 2,3.2 billion by the USH on August 19, 2003 (limited to KRW 2.3.2 billion by the first instance court of November 24, 2005).

As a result of the review of the acquisition of G, while the total amount of assets in 2005 is merely 78.6 billion won, the total amount of assets in G differs significantly from assets and sales, such as more than KRW 30.6 billion. However, while G owns real estate at a significant market price and assets such as sales bonds, etc., G borrowed a large portion of acquiring funds from financial institutions and investment companies by offering such assets as collateral, and redeems loans through sale of assets, etc. after acquiring G, the Defendant determined that the F would take over G even without raising a considerable amount of funds, and the Defendant prepared the acquisition funds as collateral and promoted it by means of so-called "LBO and Leveraged Boutout".

Accordingly, while participating in the sale bid to G around February 2006, F was offered to the first proposal of the total acquisition fund of KRW 142 billion, but the total acquisition fund according to the revised plan for the final company reorganization procedure was about KRW 142 billion.4 billion, the total acquisition fund according to the revised plan for the final company reorganization procedure was about KRW 14.4 billion held by shareholders of G.

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