특정경제범죄가중처벌등에관한법률위반(배임)등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a shareholder interest-based director who owns 50% (5,500 note) of shares in C for real estate development and enforcement business purposes.
Defendant 50% (5,500 shares) of the remaining shares of the said corporation (5,50 shares) was born to forge a contract for purchase and sale of shares in D’s name to exclude shareholders D from the business.
Therefore, the Defendant, at the F office of the Defendant’s F office located on the E/V level around March 14, 2017, prepared a share purchase and sale contract with the Defendant, without authority, to sell KRW 55 million per share to the Defendant via a computer without authority, KRW 500,000 per unit price of KRW 55,00,000, and entered “D” in the seller’s name column at will, and had it in advance.
D’s seal was affixed next to it.
Accordingly, for the purpose of exercising, the Defendant forged one copy of the share purchase and sale contract, which is a private document on rights and obligations in the name of D.
2. On April 2017, the Defendant exercised the aforementioned investigation document by submitting a forged stock trading contract to a tax official in the original tax office located in 16, 209, a 209-h, Changwon-si, as the center of Changwon-si, who was aware of the fact, as if it were duly constituted.
3. The Defendant, as described in paragraphs (1) and (2), forged a share trading contract in the name of D and prepared a written resolution of a shareholder in which the Defendant becomes a single representative director of the said stock company, in appearance, to appoint the Defendant himself/herself as a single representative director of the said stock company and to dismiss D from his/her representative director, and to dismiss the Defendant as a one representative director of the said company, and to dismiss D from the representative director and director, respectively.
A. The Defendant committed a crime on April 14, 2017 through a certified judicial scrivener G from the registration division of the Changwon District Court located in 669, Changwon-si, Changwon-si, around April 14, 2017.