특정경제범죄가중처벌등에관한법률위반(사기)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is that the Defendant is the representative director of D Co., Ltd. (hereinafter “D”) who produces the electronic passport e-moer.
D) On March 8, 2012, when investing a factory facility, etc. between D and multiple legal disputes, D entered into three-party agreements with E (Representative F, hereinafter referred to as “E”) and with G Group Co., Ltd. (Representative H, G, hereinafter referred to as “G Group”), a corporation of the United States of America, which is the United States of America, in which the dispute between D and D has been settled, and “The legal dispute between D and E” types; however, the Defendant and D receive KRW 3 billion from G Group and receive the total amount of issued stocks within 7 business days from the date of the conclusion of the above agreement, and promptly hold a general meeting of shareholders so that a person designated by G Group can be appointed as new directors, new auditors, etc.” without prior consent or new auditors. The Defendant and D cannot agree with the purport that “an existing shareholder’s share ratio can not be changed.”
(hereinafter “instant agreement”. However, even after the conclusion of the agreement, the Defendant did not waive the training of management rights of D and did not perform all the terms and conditions of the agreement, and did not intend to perform them in the future. As a result, the Defendant was given prior notice of a legal dispute by filing an application for provisional attachment of the above company assets from G Group on the ground of a breach of contract.
Nevertheless, the Defendant, without notifying the above conclusion of the agreement that may have a significant impact on the investment value of the above company and the progress thereof, is raising funds for the above company operation fund from the victim J (57 years of age) who is the representative director of the I Co., Ltd. (hereinafter “I”) to raise funds for the above company operation fund. At around 14:00 on July 10, 2012, the Defendant is in K in Gwangju Mine-gu.