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(영문) 서울남부지방법원 2015.11.04 2015고단421
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to four years in Seoul High Court on June 14, 2012 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

9. 13. The sentence was finalized on May 9, 2013. The Seoul Western District Court sentenced two years to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and the violation of the Illegal Check Control Act, which became final and conclusive on November 28, 2013.

【Criminal Facts】

1. C related to a crime Co., Ltd. (hereinafter “C”) established on October 19, 2009, as a company established on October 19, 2009, the Defendant lent the name of the Defendant’s living together to C, and had D registered as a single shareholder at the time of establishment.

On November 24, 2009, C entered into a contract with F and G to acquire 5% of E’s shares and the company’s management right in the amount of KRW 4.5 billion between F and G, which are shareholders of E (E) for the purpose of automobile parts manufacturing business, etc.

In addition, on November 23, 2009, the Defendant entered into a contract with H, a shareholder of E, to acquire 45% of the remaining shares of E at KRW 2.5 billion.

After that, C established by the J that operates a foreign corporation I (I, hereinafter referred to as "I") to pay 4.5 billion won to F and G by a share acquisition contract, and C paid the share acquisition price with that money.

As the J paid the acquisition price of shares to E, the J requested D to acquire C’s management rights, and as a result, D entered into a share transfer contract with the I of J on January 19, 2010 to transfer C’s total amount of KRW 100,000 of shares to KRW 50,000 (hereinafter “instant share transfer contract”), and D resigned from the inside director on the same day.

After that, around January 22, 2010, C decided to purchase 45% of the E’s shares held by H from the Defendant, and accordingly, the J decided to purchase 2 billion won of the price, 50 million won of the down payment.

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