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(영문) 서울중앙지방법원 2013.09.10 2012고합25 (1)
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Of the facts charged in the instant case, it is against KRW 1.2 billion related to the handling of J Loans.

Reasons

Punishment of the crime

[Status of Defendant and accomplices, Criminal Power, etc.] L is the former representative director of M Co., Ltd. (hereinafter “M”), which is a KOSDAQ-listed company, and L has operated both M and N by owning 12,750 shares of N Co., Ltd. (hereinafter “N”) holding 5,97,38 shares (which correspond to 37.04% of the shares issued by M) out of 16,139,008 shares issued by M. (hereinafter “M”).

The O was appointed as M representative director on March 28, 2008, and was in overall control of M by June 22, 201.

P around September 10, 2009, after being appointed as a managing director of M's non-registration, P took charge of practical affairs concerning the overall management of M by assisting theO.

Since Q assumed office as an outside director of M on April 2, 2010, M management performed duties such as monitoring of the performance of duties.

(O, P, and Q, which had been employed as an executive of M prior to the regular general meeting of shareholders on March 29, 201 (hereinafter “M-existing management”). R assumed office as a non-registration managing director of M through Q around January 20, 201, and took office as a managing director of Q, assistingO in M business stabilization.

S was affiliated with the existing management of M through R, which was known to S, in the middle of February 2011, through a general meeting of shareholders on March 29, 201, and acquired M's co-management rights through the general meeting of shareholders on March 29, 201.

[Attachment L,O, P, Q, R, and S were prosecuted together with the Defendant. On June 5, 2012, the Defendant was tried and sentenced to the judgment on July 4, 2012. The appellate court (Seoul High Court Decision 2012No2246, Dec. 13, 2012) and the final appeal (Supreme Court Decision 2012Do16281, Mar. 28, 2013) (Supreme Court Decision 2012Do16281, Mar. 28, 201) were finalized after the Defendant was affiliated with the existing management through S and R, and the Defendant was affiliated with the former management through a regular general meeting of shareholders on March 29, 2011, a person who acquired the right to co-management with S and acquired the right to co-management with the Defendant, and on November 12, 2010, the Seoul East District Court.

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