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(영문) 서울서부지방법원 2013.09.05 2013고합15
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A and Defendant B shall be punished by imprisonment for two years, and imprisonment for one year and six months, respectively.

However, Defendant C.

Reasons

Punishment of the crime

1. From December 26, 2007, Defendant A worked as the auditor of the victimized Company H Co., Ltd., the manufacturer of automobile parts, and from June 25, 2009, Defendant A worked as the joint representative director of the said Company from June 22, 2012, Defendant A served as the joint representative director of the said Company from June 22, 2012. The said company’s shares were 20% of the said company’s shares as a single shareholder of Singapore, and from May 2008 to December 2, 2010, Defendant A served as the representative director of the said J Co., Ltd., the Plaintiff, who was in China, and was in possession of the entire shares of said J.

Defendant

B From December 26, 2007 to August 31, 2011, from June 22, 2012, the H&A served as the representative director of H&A, and from June 22, 2012, the said company served as the joint representative director of the said company, and served as the representative director of L&A holding 38.28% of the said company’s shares.

Defendant

C served as a director of H Co., Ltd from December 26, 2007, and is working as a director or representative director of the said L Co., Ltd.

2. The Defendants were directors of H Co., Ltd., taking into account the legitimacy of lending the pertinent fund, possibility of recovering the fund, and whether adequate provision of security was made in lending the said company, and there was a duty to decide whether to grant a loan by determining carefully the impact of lending the fund on the said company.

On January 21, 2010, the Defendants held a board of directors of H Co., Ltd. at a law firm NF office located in Gangnam-gu Seoul Metropolitan MM building, made a resolution of the board of directors to the effect that H Co., Ltd. lends USD 450,00 for I’s new project, and transferred USD 450,000 ($ 520,524,746 for Han-do) on January 28, 2010 to the HSBC bank account from that time.

9. up to 10.10. A total of KRW 2.80,524,746 was remitted to I on nine occasions as shown in the following list of crimes.

However, the H’s capital at the time is merely one billion won.

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