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A defendant shall be punished by imprisonment for six months.
Expenses incurred in relation to witnesses shall be borne by the defendant among the litigation costs.
Reasons
Punishment of the crime
[Criminal Power] On March 23, 2017, the Defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seosan Branch of the Daejeon District Court on September 28, 2017, and the said judgment became final and conclusive.
【Criminal Facts】
1. On March 2, 2013, the relevant victims B gave a contract to the Defendant for the new construction of the D Factory for the victim-run D Co., Ltd. that was scheduled to be newly built at Jinjin-si, but during the said process, the Defendant incurred approximately KRW 400 million damages to the victim for reasons such as arbitrary use of the construction cost received from the victim.
On the other hand, on June 11, 2014, the victim established, along with E, “G Co., Ltd.” (hereinafter “G”) for the purpose of the recycling business, etc. of wood from Pyeongtaek-si F, which is for the purpose of the recycling business, etc., and operated the business, and the victim decided to hold 5% shares and 45% shares, respectively.
Accordingly, after issuing a total of 40,00 shares at the time of incorporation, the victim trusted 10,80 shares to I for 22,00 shares out of the Company's shares, and the rest 1,200 shares to J for 12,00 shares out of the Company's shares, and E trusted 12,00 shares for 18,00 shares out of the Company's shares, and the rest 6,00 shares under L for her name.
After that, E has become difficult to maintain a partnership agreement with the victim due to health problems, such as liveration, and the victim terminated the partnership agreement and returned all the shares in the name of E to the victim on September 2014, but the name was maintained in K and L.
Since then, around October 2014, the victim got a bid in the name of G in the auction on land, such as Jin-si, M, etc., for which a voluntary auction procedure has commenced due to the problems such as payment of wages, etc. (the successful bid on December 26, 2014) while the defendant, who became aware of the fact, had been trying to locate land and buildings by securing stocks of G.
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