beta
(영문) 광주지방법원 2016.12.22 2016고단2159

사기

Text

The defendant shall be punished by imprisonment for one year, and the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Shareholders and directors of 90% (hereinafter referred to as “D”) in total except for E, a shareholder of D (hereinafter referred to as “D”) held a temporary shareholders’ meeting on August 25, 2009, and decided to discontinue D’s business by holding a temporary shareholders’ meeting on August 25, 2009, and F et al. established a corporation of G (hereinafter referred to as “G”) on October 22, 2009, and operated trading centers at the same place.

On February 22, 2011, the Defendant concluded a contract with the content of purchasing 33.3% of the stocks of the previous corporation in total 300 million won from E, etc., which did not take advantage of the result of the D general meeting of shareholders.

1. Around 19:00 on January 24, 2014, the Defendant: (a) purchased 33.3% of the equity interest from a right holder in Korea; (b) purchased 33.3% of the equity interest from G operator F, etc. in a criminal case; (c) at the end of March 2014 to April, 201, the victim J introduced through the branch of G via the branch of G “I” in Gwangju Northern-gu, Seoul; (d) “The name of G was changed now. There was D’s right holder, but D’s right holder was originally changed; and (d) the members were forced to take away the said equity interest in the process of changing from D to G; and (e) purchased the said 33.3% of the equity interest from the right holder in Korea to file a criminal complaint with the G operator, etc.; and (d) at the latest, it is necessary to use the said equity interest at the expense if found for G. If there were many people to participate in the operation of G, it is necessary to lend money.”

However, the defendant thought that he would use the money received from the victim to pay his personal debt, and did not pay 1,050,000 won at the expense of share purchase. G does not succeed to D, but the existing D has terminated a building lease agreement entered into with the owner of the building of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company of the investment company.