사기
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 8, 2010, the Defendant was the internal director of C, a corporation established for the purpose of online and offline education business, and entered into a contract for the development of distance education content with E on behalf of the representative director of the aforementioned company on January 18, 2013, and delayed payment of KRW 280 million for the development service cost to be paid in installments to E four times from March 15, 2013 to March 15, 2013, the Defendant agreed to transfer the C Remote Lifelong Education Institute’s business right to E, and not dispose of the above Remote Lifelong Education Institute’s business right until the payment is made in full.
Since then, E filed a lawsuit with the Seoul Western District Court on April 4, 2013 to transfer business rights, etc. On April 11, 2013, the court rendered a provisional disposition prohibiting the disposal of the business rights of the Remote Lifelong Education Center Co., Ltd. on April 11, 2013. On January 21, 2014, the Defendant recognized the claim for the transfer of the above business rights of the E Co., Ltd. using the fact that the company was registered as a director of the C in-house company on January 21, 2014.
On September 30, 2013, the Defendant entered into a management right and share transfer contract with the victim G on behalf of D et al., the representative director of the company, including the remote lifelong education center, as if there is no problem in the transfer of management rights of the company.
However, in fact, the defendant did not have the intent or ability to transfer the above company's business management rights to the victim normally because the lawsuit of transfer of business rights was filed in E and the decision of provisional injunction was made to prohibit the disposal of the business rights of the remote lifelong education center.
As such, the Defendant deceivings the victim, and is subject to such deception, under the name of the Defendant, for the same day from the victim.