특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below (including the portion not guilty) shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. Defendant 1) The victim U.S. on the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is expected to separately enter into a contract to acquire approximately 3.7 million shares of G from H as the representative director of G (hereinafter “G”) who is the interest holder of the management right of the company G (hereinafter “G”) and acquire management rights from H. In order to hold G’s share price, it is necessary to ensure that the Defendant’s share price is not sold in the market, and it is not a contract to acquire management rights between the Defendant and the victim, and it is not a contract to acquire management rights by transfer between the Defendant and the Defendant.
Therefore, there is no fact that the defendant deceivings the victim as stated in the judgment of the court below.
B) The guilty portion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement as if it was used for the redemption of converted bonds) Y entered into a contract with N Co., Ltd. (hereinafter “N”) to take over the shares and management rights of the victim M Co., Ltd. (hereinafter “victim”) and entered into a contract to succeed to the status of Y’s above contract with Y and N, but the Defendant did not carry out the contract. However, the Defendant did not complete the performance of the above succession contract until 2 billion won was withdrawn from the victim company’s account, and the Defendant did not jointly manage the victim company’s funds with N (A,O) and Y (Y and AI). The Defendant did not have the status of custody of the victim company’s funds.
In addition, the above 2 billion won was used for the redemption of converted bonds, and there was a redemption of converted bonds, so there was no economic damage to the victim company, and considering these circumstances, there was an intent to acquire unlawful profits against the defendant.
shall not be appointed by a person.
2) Acquittal;