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(영문) 수원지방법원 성남지원 2014.01.23 2012고합76
사기미수등
Text

1. The defendant A shall be punished by imprisonment for not less than two years and six months, and the defendant B shall be punished by imprisonment for not more than two years and six months;

2. Defendants:

Reasons

Punishment of the crime

1. The Defendants’ E-related crimes Co., Ltd. (hereinafter “E”) was registered as one shareholder at the time of the establishment of E as a company established on October 19, 2009.

On November 24, 2009, E entered into a contract for acquisition of shares and management rights between G and H to acquire 5% of F’s shares and 4.5 billion won, which are shareholders of F for the purpose of automobile parts manufacturing business, etc. (hereinafter “F”).

On the other hand, on November 23, 2009, Defendant A entered into a contract with J on November 23, 2009 to acquire the F’s remaining shares of KRW 45 billion.

After that, under the stock acquisition contract, E prepared 4.5 billion won to be paid to G and H, and E paid the stock acquisition price with the money.

As K pays the acquisition price of shares to F, K requested Defendant A to transfer his management rights. Accordingly, Defendant A entered into a share transfer agreement with a foreign corporation L operated by K on January 19, 2010 (hereinafter “L”) to transfer KRW 100,000 of the shares of E to KRW 50 million.

(hereinafter “instant share transfer contract”). Defendant A resigned from the company director E on the date of concluding the instant share transfer contract.

After that, on January 22, 2010, E decided to purchase 45% of the F’s shares held by J from I (the price of KRW 2.5 billion, the down payment of KRW 500,000,00,000, was already paid by I). Accordingly, K paid the price of KRW 2 billion to I.

L paid KRW 50 million to Defendant A on March 12, 2010 in accordance with the instant stock transfer contract, and completed the registration of foreign-invested companies as foreign-invested investors to E on the 17th of the same month, and on March 30, 2010, E’s regular general meeting of shareholders held on March 30, 2010, as K’s representative director.

As such, Defendant A may make funds in the process of acquiring the E’s property.

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