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(영문) 인천지방법원 2014.02.12 2013고합299
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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Specific Economic Leave (Misappropriation) (2013Gohap29);

A. D (Dismissal of public prosecution as of August 1, 2013) acquired the status of the Defendant, etc. D (the joint Defendant was a co-defendant, but the dismissal of public prosecution was made on or before the death of August 1, 2013) under the name of the largest shareholder of G (hereinafter referred to as “G”) and acquired 2.5 million shares of 1 million shares (200,000 shares (8.02%) under the name of the representative director of G (hereinafter referred to as “G”), and 1.5 million shares (8.02%) acquired 5 million shares from around March 30, 2012 as the aggregate name of the representative director of G (406%) and 5 million shares (4.06%) from around March 30, 2012, and changed the name of E from F to August 29, 2012, which was designated as the management issue on August 20, 2012 after D et al., Defendant 2, a representative director of G.

B. E’s acquisition process D and H intend to acquire 5 billion shares and management rights of 24 billion won from SH, which was the largest shareholder of SH, but due to the shortage of funds, 21.6 billion won in the form of acquiring G-issued bonds (BW) from KRB Investment Securities Co., Ltd. (hereinafter “KSB Investment Securities”), and acquire E’s management rights, etc. by preparing and paying 21.6 billion won in the form of acquiring bonds issued by TPP, using 17.4 billion won in its own cash assets, and acquiring convertible bonds (CB) of 15 billion won in the issuance of J(hereinafter “J”) using 17.4 billion won in the form of lending 2.4 billion won in total to J, J shall issue the above 17.4 billion won in the form of loan repayment and advance payment, and 1.4 billion won in the aggregate and 1.4.7 billion won in the form of repayment of loan and advance payment, and 2.4 billion won in the E-B Securities.

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