사기
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On November 21, 2013, the summary of the facts charged was prepared by the Defendant on November 21, 2013, in D’s office located in Gangnam-gu Seoul Building 1025, that “the complainant will change the representative director of E, an incorporated association, the representative director of which is located in Jeju-do, to the complainant,” and that “the complainant will change the complainant’s representative director of E, the representative director of the incorporated association, who is a representative director, who is the representative director of the incorporated association.”
However, in fact, it is impossible to transfer the status of a member of an incorporated association under the Civil Act, and even if the defendant receives money from the complainant, he did not have the intent or ability to transfer the status of the representative director.
The Defendant, from the complainant on November 21, 2013, received KRW 5 million as the down payment, and KRW 3 million as the intermediate payment on November 29, 2013, and KRW 2 million as the intermediate payment on January 10, 2014, respectively.
Accordingly, the defendant was given property by deceiving the complainant.
2. In light of the following circumstances revealed by the evidence duly adopted and investigated by this court, it is insufficient to conclude that the defendant did not have the intent or ability to transfer the status of the E, an incorporated association, to the complainant (the facts of prosecution are referred to as the "representative director", but the incorporated association merely has the "director" as its agency, and there is no representative director, and in the case of the incorporated association of this case, there is a "president" representing the corporation under the articles of incorporation (the fact that there is no representative authority other than the defendant in the register); hereinafter referred to as the "representative"), and there is no
(1) Article 56 of the Civil Act provides that the membership of an incorporated association shall not be transferable, but this provision does not provide a mandatory provision, and thus, transfer or inheritance shall be allowed pursuant to the articles of association, regulations, or practices.
If the articles of incorporation or regulations are not permitted, the status of shareholders through stock transfer in the case of a corporation.