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(영문) 서울중앙지방법원 2017.10.25 2017고합18
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal records] On June 14, 2014, the Defendant was sentenced to a suspended sentence of two years on October 10 and the judgment became final and conclusive on November 13 of the same year.

[Basic Facts] The Defendant, as the representative director of G Co., Ltd. (hereinafter “G”), acquired KRW 70,00 (2.39% of the total issued and outstanding shares) of J Co., Ltd. (hereinafter “J”), an unlisted corporation (hereinafter “J”), around 2009, at KRW 2.49,000,000, as the introduction of H, an expert in corporate acquisition. However, around May 2012, the book-based accounting corporation, an auditor of G, prepared a quarterly business report of January 2012, the Defendant recognized that the value of the above shares is 6,605,00 won, assessed the value of the shares as KRW 2,393,395,00 as losses.

On the other hand, according to the relevant regulations of the Korea Exchange around March 2012, G was designated as administrative issues on the ground that “for the latest three business years prior to the deduction of corporate tax exceeding 50% of the equity capital of 2 business years during the previous three business years” due to the continuous business profit reduction, and as such, the risk of listing was clearly realized by recognizing the value of the J’s stocks as the loss from damage, thereby making it clear that it will record the loss for three consecutive years.

[Criminal facts]

1. On August 2012, the Defendant was on duty in breach of trust due to high-priced acceptance of J shares.

K, etc. serving as the planning office;

H knew that there was a plan to accept L Co., Ltd. (hereinafter “L”), and upon accepting L, requested H to prevent the cancellation of G’s listing by purchasing the shares at a higher price, and H accepted it.

The Defendant, on November 2012, 2012, appointed M as a vice president or financial director of L, after having actually taken over L and caused the company to be malicious. As such, the Defendant had been operated in accordance with the agreement with H as above.

G's above J shares were purchased by L, and H is the G's shares to M.

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