logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.10.02 2012고합1296
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. Defendants shall be punished by imprisonment with prison labor for up to two years and six months.

2. However, with respect to Defendant A, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ status and the process of acquiring the management rights of the victimized Company A are the representative director of K-K Co., Ltd. (hereinafter “victim Co., Ltd.”) who is a company listed on KOSDAQ for the purpose of manufacturing and selling electronic equipment and parts in the 15th floor of Songpa-gu Seoul Special Metropolitan City J. J., which was substantially managed by I, and the purpose of selling them. Defendant B is the director of the victimized Company and the vice president of the victimized Company, who was in charge of the management, execution, accounting management, etc. of the victimized Company, together with I.

I established M (M. hereinafter referred to as "M") to take over and manage listed companies on July 3, 2006. On August 31, 2006, M (M. hereinafter referred to as "M") acquired 7 billion shares (7.29%) and management rights from N, the largest shareholder of the victimized company, the former management, and N, in the name of M, KRW 6 billion. The acquisition price was KRW 6 billion invested by I in O, KRW 1 billion prepared by the Defendant A, KRW 1 billion borrowed from P, and KRW 2 billion borrowed from Q, the corporate bond company.

2. Specific criminal facts;

A. The Defendants’ joint criminal conduct (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) due to the unauthorized offering of the cover note amounting to KRW 1.1 billion) together with I to the actual manager of the victimized company, at the I’s office located in Gangnam-gu Seoul, Seoul, to maintain the status of the largest shareholder by raising the ratio of ownership of M to the damaged company, and at the same time, to maintain the status of the largest shareholder, and to obtain profits from the market price using the share price supported by the participation in the genetic development project as well as to obtain profits by using the share price supported by the participation in the genetic development project (hereinafter “instant capital increase”). To this end, the Defendants borrowed KRW 10 billion from S, a bond company, in the name of M.

Defendant

A as the representative director of the victimized company, Defendant B as well as the vice president of the victimized company.

arrow