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(영문) 수원지방법원 2014.09.02 2013고합170
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From August 2005 to February 2007, the Defendant, as the representative director of the Victim E Co., Ltd. (F of June 20, 2007, July 9, 2008, “G Co., Ltd.”, and “H of February 11, 2010,” the Defendant managed the said company, and had a duty to prevent the occurrence of actual property damage or the risk of damage.

Nevertheless, the Defendant, at least 25,000 won of new shares of J, which are the managing director of the victim company, made an investment by purchasing at least 25,000 won per share of the said company’s new shares with the funds of the said company, thereby soliciting the victim company to obtain property benefits and incur property damage to the victim company. On June 26, 2006, the Defendant purchased at least 7 billion won of new shares of J, 280,000 won (25,000 won per share of 10 billion won created through capital increase with capital increase by the victim company, and had J, a corporation acquire property benefits, at least 5 billion won per share, and caused damage equivalent to the same amount to the victim company.

Summary of Evidence

1. The entry of each part of the third protocol of trial into the witness K and L;

1. Partial statement of the witness M in the fourth trial record;

1. Statements made by witnesses N andO in the fifth trial records;

1. Examination protocol of police suspect regarding L;

1. Determination as to the assertion by the defendant and his defense counsel on the copy of the register of the dispute settlement court, the copy of the register of the E company, the Seoul High Court examination protocol, the judgment of the appellate court of the Seoul District Court (A, I), the Rayer Business Plan, the Seoul High Court Decision 2010Na84682 (176), the ledger of each account, the ledger of the E account, the certificate of deposit transaction records, the inquiry table regarding the request for inquiry, the details of deposit transaction records, the certificate of deposit transaction records, the certificate of deposit transaction records,

1. Summary of the assertion

A. The Defendant is to take out the management difficulties of E Co., Ltd. (hereinafter “E”).

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