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(영문) 서울중앙지방법원 2014.05.29 2013고합1336
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A person shall be punished by imprisonment with prison labor for not less than four years and by imprisonment for not more than six months for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

[criminal power] On May 23, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Central District Court on September 28, 2007, and the judgment became final and conclusive on September 28, 2007. On February 10, 2011, the Suwon District Court sentenced two years of suspended sentence of imprisonment with prison labor for fraud at the Suwon District Court on February 18, 2011, and the judgment became final and conclusive on February 18, 201. On April 12, 201, the Seoul Southern District Court sentenced two years of suspended sentence of ten months of imprisonment with prison labor for accusation, etc. at the Seoul Southern District Court on April 20, 2011.

【Criminal Facts】

On or around April 2007, the Defendant, as a OSP listed company, was changed to “D (D)” (round October 2008, referred to as “stock company E”) for the purpose of the manufacture and sale business of automobile products, textile and clothing export business, and branch distribution business, etc. (hereinafter referred to as “D”) and its affiliated companies (hereinafter referred to as “FF”) and its affiliated companies (hereinafter referred to as “FF”, “G”, “AF”) with three major shareholders, both of the FF, G, H, H, and I, “H”, “AB”, and “AD”) with the aim of the business of manufacturing and selling automobile products, exporting fibers and clothes, etc., and 20,00 shares of “D”) shares of affiliated companies,” 705,00 shares of “H” (H) shares, 200, 200, 200, 200 shares of “F”) shares,” respectively.

In addition, after acquiring the management right, the company was actually operated as a major shareholder and representative of the company and its related company from around that time to July 25, 2007.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. On April 19, 2007, the Defendant agreed to take over the management rights of the KBD’s shares of the KBD and the KBD’s shares to KRW 3,465,00 (total issued shares 30,495,430 shares), the shares of affiliated companies and the management rights of the KBD’s shares to KRW 11 billion (a contract deposit amount, KRW 1 billion in intermediate payment, KRW 2.9 billion in remainder, KRW 7.1 billion in the remainder), and the acquisition price shall be paid in the manner of deposit in the national bank account in the name of the KBD (the account of Esc and the settlement deposit account) in the name of the KBD, which was opened on April 19, 2007.

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