beta
(영문) 서울남부지방법원 2015.09.14 2015고단2134

사기미수

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged [Attachment to the charge] is the representative director of the Dispute Resolution E, and the victim F is the person who was appointed as the head of the performance technology team and the head of the management department of the Dispute Resolution E from August 18, 1997 to March 31, 2008.

On June 20, 200, the Defendant trusted the shares 2,000 shares of the Co., Ltd. (the face value 10,000 won) of the Co., Ltd. to the victim, and donated them to the victim as a contribution compensation for 600 shares. Since then, the shares in the name of each victim were 104,00 shares (the shares held in title by 80,000 shares out of them), following the procedures for a free increase of 10% around August 2002, and 1/20 shares in the name of each victim, the face value of which is 500 won at face value around May 2006.

The Defendant decided to list the KME to the KOSDAQ market, and decided to sell to four executives and employees of the business partner who have been assisted by the KOSDAQ at low-price of approximately KRW 7,00,00 per share of the market price. On December 27, 2006, the Defendant: (a) ordered G, an employee of the KM in charge of the KM in charge of the KM to sell to H 5,000 shares; (b) transferred to K 1,000 shares per share of KRW 1,00 shares (the trading price per share of KRW 7,00 won per share); and (c) transferred to K 1,00 shares (the trading price of KRW 7,00 won per share); (d) transferred to the Defendant a cash transfer of KRW 50,500,000 from H on December 28, 2006, the victim received KRW 1,000,0000 from each of the above parties and 1,000 won, respectively.

On the other hand, on January 9, 2007, before the date of listing the shares of the Co., Ltd., the victim F transferred 71,000 shares remaining after selling them to the account opened in the name of the victim to Korea Investment Securities under the direction of the defendant, and transferred all of the account cards, passbooks, and seals to the defendant, and thereafter, on January 25, 2007, the sale price of shares partially disposed of is KRW 180,000,000 won;

2.1. Partial Disposition Price 9.