배임
The defendant shall be innocent.
1. On January 31, 2012, the Defendant entered into a share purchase contract with the victim E-stock company (hereinafter “F”) to sell 340 million won of the shares of the F Co., Ltd. (hereinafter “first sale contract”) owned by himself/herself at the D hotel coffee shop located in Daejeon Sung-gu, Daejeon (hereinafter “B”), and received transfer of KRW 36 million as the down payment, and had the obligation to perform the procedures for share transfer to the victim on February 14, 2012, after receiving KRW 240 million from the victim.
On February 15, 2012, the Defendant entered into a share sale contract with F’s director G to sell KRW 3479,000,000 to KRW 360,000 (hereinafter “second sale contract”) and entered G in the register of shareholders on March 19, 2012, thereby obtaining pecuniary benefits of KRW 240,000,00 and causing damage to the victim.
2. Facts of recognition based on records.
A. 1) The victim’s representative director H from around 2010 to request the I to purchase the F shares, and the I requested the F to the J who worked for about 35 years.
B) Since the end of 2010 to the beginning of 2011, K, F directors and shareholders, were the shareholders of K in the past. At the end of 2010 to the beginning of 2011, K requested K to identify the purchaser of its F shares. The K introduced K I to K, and the K gave it to K. (c) The K confirmed that there was a company that is willing to purchase more than 51% of the F shares without disclosing the purchaser specifically. The K confirmed the intent of selling the F’s shares to F’s shareholders, and K asked LMN of its intent to sell the shares among its shareholders. However, on January 31, 2012, K, which entered into a sales contract on January 31, 2012, on the purchase price per bus, which was concluded on January 31, 2012.