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(영문) 서울남부지방법원 2018.07.17 2018고단2082

업무방해등

Text

1. The defendant shall be punished by a fine of seven million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to three years of imprisonment due to fraud, etc. at the Incheon District Court on April 29, 2016, and the judgment became final and conclusive on April 29, 2016, and the representative director of C Co., Ltd. established for the purpose of the development of the front body and research business, and the victim D Co., Ltd is a juristic person

1. In order to receive investment funds from E funds operated by the victim company, the Defendant: (a) made false investment details; and (b) planned to submit them to the victim company as evidentiary materials to receive the investment funds.

On January 11, 2013, at the above C Company's office located in Seongbuk-gu Seoul Metropolitan Government, the defendant submitted to the staff in charge of the victim company the statement of the transaction of the passbook and the copy of the corporate registry stating the false investment details at the first on-site inspection of the victim company at the time of the first on-site inspection of the victim company. On December 17, 2014, the defendant submitted to the staff in charge of the victim company the statement of the transaction of the passbook and the copy of the corporate registry stating the false investment details at the second on-site inspection conducted in the above C Company's office.

As such, the Defendant interfered with the Defendant’s investment business by deceptive means.

2. Violation of the Commercial Act;

A. At the office of the above C Co., Ltd. around November 2013, the Defendant increased the capital at a cost as if the investment amount of KRW 100 million was paid in the said C Co., Ltd.

In that sense, even though the amount invested by investors G, H, and I in the above company was KRW 60 million, KRW 5 million, and KRW 10 million, respectively, the Defendant, around November 15, 2013, remitted gold 25 million to the above H around November 15, 2013, was presumed to have been paid KRW 30 million, including the above amount of KRW 5 million, by means of remittance to the account in the name of the above C Co., Ltd.

The Defendant committed the most recent act of payment.

B. The Defendant at the office of the above C Co., Ltd. around November 2014, and at the above C Co., Ltd.

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