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(영문) 의정부지방법원 고양지원 2014.05.09 2013고정1664 (1)

사기미수

Text

The defendant shall be innocent.

Reasons

1. On January 21, 2008, the Defendant: (a) operated D Co., Ltd. (the name of the Company E Co., Ltd. and F Co., Ltd. in succession); (b) transferred all of the assets of D Co., Ltd. and business rights incidental thereto to G to KRW 2 billion in the transfer price.

On January 24, 2008, the Defendant paid 36,909,220 won of value-added tax imposed on the Defendant’s Defendant’s wife H as the secondary taxpayer, a major shareholder of D Co., Ltd., and then the Defendant decided to treat the transferee G and 36,909,200 won as the loan to D Co., Ltd.

After lending KRW 7,500,000 to the employee title of the company, the Defendant agreed to receive KRW 44,409,200 ( KRW 36,909,200, KRW 7500,000) from G and the company as additional matters under the transfer contract with G to receive KRW 1,400,00,000 from the company, which had been loaned to the company. < Amended by Presidential Decree No. 20093, Apr. 10, 2008; Presidential Decree No. 2209, Apr. 10, 2008>

The Defendant received not later than March 8, 2008 the transfer price of KRW 2 billion from G from March 31, 2008, and resigned from the representative director of the company on March 31, 2008, and on July 8, 2008, the Defendant agreed to assume the Defendant’s lease liability of KRW 25 million with G to assume the obligation of KRW 18 million, and received the said KRW 43,009,220 from G to February 2009.

However, on February 19, 2009, the Defendant filed a lawsuit claiming a loan of KRW 128,500,000 against G, and the Defendant agreed to pay KRW 43,009,220 from G to the company, but the Defendant’s loan of KRW 18,00,000,000 and KRW 12,50,000,000 that G decided to pay on behalf of G out of the Defendant’s lease deposit of KRW 25 million were excluded.

In addition, on April 10, 2009, the Defendant received the agreed amount of KRW 100 million from G on April 10, 2009 and received KRW 50 million until May 10, 2009.