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(영문) 서울남부지방법원 2017.08.24 2017고합136

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

To the extent that the identity of the facts charged is not undermined, part of the facts charged was revised.

The Defendant Company F (B) was changed on February 11, 2014, and its trade name was changed to “H” on May 21, 2014 after the Victim acquired.

A person who owns 100% of the shares of F (hereinafter referred to as “F”) and actually operates F.

On May 12, 2014, the Defendant entered into a contract to transfer F’s shares of 100% and management rights of 900 million won to the victim to the victim (hereinafter “instant acquisition agreement”) at the F Office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

At the time of acquisition by transfer, the victim conducted an enterprise inspection of F, which is the target company, and confirmed that F, a total of KRW 100,000,000,000,000,000 for contingent liabilities for which payment is expected to be made in the future and KRW 80,000,000 for future claims. The defendant stated and guaranteed that F, as serious damage to F, has occurred due to illegal acts of L, etc., and that F, there is no possibility that F, would be liable for the unpaid and contingent obligations. Accordingly, the defendant and the victim agreed to temporarily reduce the amount of KRW 180,000,000,000,000,000, which is the total amount of the above unpaid and contingent liabilities, from the transaction price, but the victim agreed to pay the amount equivalent to the decreased portion in the future to the defendant additionally.

On the other hand, on November 201, 2013, prior to the conclusion of the instant transfer agreement, the Defendant changed its trade name into “A. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E., Ltd.”

The N that the Defendant acquired from M was registered as a branch of the Co., Ltd. (O on November 15, 2013) between the leased company and the Defendant.