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(영문) 서울남부지방법원 2013.08.22 2011고합529
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for seven years and for three years, respectively.

Reasons

Punishment of the crime

"2011 Gohap529"

1. The Defendant, as the representative director of W, who is a credit business company W, mainly pays stock prices to listed companies with poor financial structure, or engages in loan business with high interest and fees for acquiring the management rights of listed companies by temporarily raising funds for acquiring the management rights of listed companies and receiving them from listed capital M&A forces.

1) On October 14, 2009, 12 billion won and the Defendant of the most paid-in capital and Y (the listed company X - the representative director of the company listed in the KOSDAQ - the company listed in the KOSDAQ - the representative director of the company on October 12, 2009, 1) paid-in capital increase by a third party on October 14, 2009.

On October 13, 2009, the Defendant paid 12 billion won in the name of the third party to whom X’s 12 billion won was allocated to the payment account for shares with capital increase, and received 5% (60 million won) of the paid-in capital from Y after one month as a security, and Y agreed to do so.

(1) Even if the Defendant, a corporate bond company in violation of the Commercial Act, paid out KRW 12 billion to X’s payment account for the third party shares, the Defendant would have received the certificate of deposit issued for the funds as a collateral even if it was paid out of KRW 12 billion. Therefore, X did not have paid the actual share price in KRW 12 billion.

However, the defendant and Y agreed that the share capital shall be paid.

Around October 13, 2009, the Defendant, at a corporate bank's central branch of Guro-gu Seoul Metropolitan Government 612-10, pretended stock price and deposited 12 billion won into X's account. Y et al. received a certificate of deposit of stock payment from the employee in charge of the above branch, and issued a certificate of deposit of 12 billion won deposited.

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