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(영문) 서울남부지방법원 2013.11.21 2012고합50
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for three years.

Reasons

Punishment of the crime

1. The Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)

A. Defendant A, including the personal relationship between the Defendants and his accomplice, called G Co., Ltd. (hereinafter “H Co., Ltd.”) from September 17, 1992 to July 20, 2004, entered into an agreement on the management rights and transfer of shares with I and the largest shareholder (as of March 8, 2010, including shares in a special relationship with Defendant 20.68%), around October 25, 2010. The victimized Co., Ltd was listed in the KOSDAQ, and was employed as the largest shareholder and the representative director at around April 18, 201. The victimized Co., Ltd was employed as the largest shareholder and the largest shareholder and the victimized Co., Ltd. (hereinafter “Co., Ltd.”) as of March 8, 2010, and transferred the management rights and shares to I around March 25, 2010.

Defendant

B as the wife of A, the injured company owned 0.76% as of March 8, 2010) and the auditor from December 30, 2002 to December 30, 2005, and the director from March 21, 2003 to March 25, 2010 as the director and the head of the headquarters for business management, and the director and the director were in charge of the fund, accounting, and publication of the victimized company.

At around March 8, 2010, I entered into a contract with Defendant A to acquire shares and management rights for the largest shareholder of the victimized company. On March 25, 2010, I acquired management rights after the shareholders' general meeting of the victimized company called for around March 25, 201, and was in office as a director and the president until March 201, and controlled and managed the victimized company.

B. A damaged company, such as the current status of the victimized company, is a company whose main business is the importation and sale of computer storage devices and the consulting and establishment services for system integration.

The injured company had total assets of KRW 469.1 billion as of December 31, 2009 and total debts of KRW 260.2.5 billion (i.e., net assets of KRW 208.8.8.5 billion). In particular, the value of the real estate located in K (Seoul Yeongdeungpo-gu K-gu and building on its own and its own land of KRW 661m2 and building site and building on its own; hereinafter “instant real estate”) and the following three subsidiaries’ shares in the account books.

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