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(영문) 제주지방법원 2016.12.21 2016고정676

사기등

Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

The summary of the facts charged is that the Defendant was a person who wishes to build and operate a museum. The Defendant: (a) completed the registration of incorporation of a joint stock company C (hereinafter “company 1”) by withdrawing KRW 50 million from February 16, 201; (b) around October 29, 2012; and (c) around May 28, 2014, changing the name to “Co., Ltd. E” but all of the same companies were the same company; and (d) around February 25, 2011, the Defendant was to purchase the instant real estate from H, the owner of Seopo-si and 3 lots of land (hereinafter “instant real estate”). After changing the number: (a) purchase the instant real estate from 1.5 billion won to 1.5 billion won to 1.4 billion won to 1 billion won to 1.4 billion won to 1 billion won to 1.4 billion won to her land.

On February 28, 2011, the Defendant transferred 51% of the shares of Company 1 to H in order to secure the obligation to pay the real estate purchase price to the above H, a creditor, to H, and H was appointed as the representative director on the same day. The Defendant registered himself as a director.

Since then, on September 19, 201, H transferred his/her share to I, who is the representative director of the Company 1. From around that time to November 2014, H newly constructed a building of a total size of 489.197 cubic meters on the ground, total size of 3.5 square meters, total height of 3.5 square meters (hereinafter “instant building”) on the said ground with consent from H, the owner of the instant real estate, who was the owner of the instant real estate from around November 201, but failed to repay the debt of KRW 340 million to J, etc., which is the building company, and the obligation to pay the purchase price to H.

The Defendant, from August 2012, asserted that the amount to be received from Company 1 was KRW 68 million, and began a number of lawsuits against Company 1 due to a claim for indemnity, transfer of shares, etc., and the Defendant is also regarded as having a claim against Company 1 against Company 1, which is a separate company irrelevant to Company 1.