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(영문) 서울남부지방법원 2011.09.16 2011고합93
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Acquittal of the accused shall be acquitted.

Reasons

The summary of the facts charged was in collusion with F in collusion with F as the substantial manager of E Co., Ltd. (hereinafter “E”), and on June 200, the Defendant promoted the issuance of USD 10 million of overseas convertible bonds with the Singapore branch as the main agent of E in order to raise funds for investment in new business facilities and operation of E at the office located in the 10th floor of Gangnam-gu Seoul Metropolitan Government G Building on June 200.

Of the above bonds, USD 8 million was not likely to be sold to an overseas investor. The defendant raised USD 8 million from the bond company H, I, etc., and pretended to purchase the above convertible bonds, and took the form of depositing USD 8 million in the account of E around the 23th day of the same month, and in fact, immediately withdrawing USD 8 million which was deposited at that time and returned to the bond company of the above H, etc. The defendant found convertible bonds equivalent to the above amount and possessed them.

As above, since overseas convertible bonds amounting to USD 8 million are not actually sold, the defendant and the E who actually run the business should not issue the above overseas convertible bonds, and even if issued as a representative, even if there was an occupational duty to collect and retire them, in violation of the duty, the above overseas convertible bonds amounting to USD 8 million ($9.53 billion) was converted to the shares in September of the same year, and then the company sold them and acquired financial benefits equivalent to the above amount, and suffered damages equivalent to the above amount in E.

Judgment

1. Judgment on the part not guilty

A. In full view of the Defendant’s legal statement, each of the prosecutor’s statements to H and J, the entry into K’s statement, the investigation report (on June 23, 200, intermediate results of tracking accounts related to USD 10 million issuance of overseas convertible bonds) and the investigation report (on June 20, 200, the relevant account records remitted to H 2.2665 million won), the Defendant issued overseas convertible bonds equivalent to USD 10 million at the beginning of June 200.

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