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(영문) 서울북부지방법원 2012.10.19 2012고합158
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

On June 8, 2009, the Defendant borrowed the acquisition price of F Co., Ltd. (hereinafter referred to as “F”), an enterprise established by E, etc. for the purpose of operating casino business and tourist hotel business from E, etc., and listed on the securities market, and entered into a contract with G, etc. to acquire 5,55,55 shares and 6,709,209 shares of F under the name of H, which were held by G, etc., and 12 billion won under the name of F, which was operated by the above D, the Defendant and the above D shall be appointed as the manager of F on June 29, 200; on August 31, 2009, the Defendant was appointed as the representative director; on the 20th of the same month; on the 14th of the same month, the U.S. representative director, who is the Defendant’s branch director; on the 20th of the same month; on the 14th of the same month, the Defendant was registered as the 20th executive director, 10th of F.

6. The dismissal of a representative director, who was appointed on the 12th day of the same month, was cancelled on August 8, 201 due to the loss of intra-company director positions.

1. The defendant in collusion with D to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was paid 10,197,989,928 won from August 7, 2009 to six times for the re-sale of the preemptive right held by the above F from around August 7, 2009, and KRW 99,00,000 paid-in capital with non-guaranteed convertible bonds issued on September 28, 2009; and KRW 19,16,742,000 paid-in capital through capital increase with capital increase on January 15, 2010; and the same year

2.6. Loss of the total amount of KRW 999,99,500 paid-in through capital increase with a third party’s capital increase, and KRW 80 billion, including KRW 800,000,000,000 paid-in capital through the issuance of bonds with non-guaranteed private placement;

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