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(영문) 수원지방법원 성남지원 2014.02.21 2012고단949

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Eastern District Court and three years of suspended execution, and the said judgment became final and conclusive on January 16, 2014.

1. The Defendant was a person who was in office as the representative director of the E-stock company running a charnel business, etc. from December 18, 2006 to November 30, 2009.

On June 9, 2010, the Defendant concluded a share acquisition contract with the proposal that he will acquire 1/2 of the shares of F corporation to G representative director G of F corporation in KRW 6 billion. On July 2010, the Defendant concluded an agreement to transfer 1,950 of the E-stock company E-listed document to F corporation with the said payment, by proposing that he will take over the status of the first beneficiary under the collateral trust contract between F corporation I (trustee) and KB real estate trust company (trustee) as the second beneficiary under the collateral trust agreement.

On December 16, 2010, the Defendant, at the Seoul FF Office located in Sung-gu Seoul District CourtJ, stated that “A” with the victim K, if the FF office borrowed money from the FF company to acquire Daegu Suwon-gu L apartment, it would be repaid until February 28, 2011. As a security, the Defendant provided four households of H apartment (103, 1503, 603, 903, 106, 803, 106, 106, 103, 106, 106, 103) constructed by F Company as a sale security, and if it fails to repay the borrowed money, the Defendant would make the registration of ownership transfer to the above apartment that was provided as a security.”

However, in fact, the defendant did not pay 6 billion won of the FF corporation's 50% of the shares of the F corporation to G, and did not take over the shares of the F corporation, and was entrusted to Gwangju Bank with the 1,950 G corporation's 1,950 shares of the E company paid to take over the status of the second priority beneficiary for the above H apartment, and the defendant was dismissed from the representative director of the E company on November 30, 2009.