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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is the owner of C(hereinafter referred to as “C”)’s 4,00 shares, who operates C on behalf of D as the wife of D, the C representative director, and E is the wife of the Defendant.
On July 3, 2008, the Defendant made a false statement that “C shares are 10,000 shares, E has 6,000 shares, and E has 4,000 shares, and the Defendant has the right to dispose of 10,000 shares, including E shares. The Defendant made a false statement that “C shares will exceed 420,000 won in total with C’s shares and goodwill.”
However, in fact, D is an owner of C’s 6,00 shares, and D does not have the power to dispose of its shares or C’s goodwill, but the Defendant did not have the intent or ability to transfer C’s shares and goodwill to the victim since D forged the minutes of the temporary general meeting of shareholders on August 7, 2007 and the share transfer contract that D transfers 6,00 shares to E in the name of E by forging the minutes of the temporary general meeting of shareholders on August 7, 2007 and the share transfer contract that D transfers 6,00 shares to E, thereby making 6,00 shares in the register of shareholders under the name of E.
Nevertheless, the Defendant received KRW 10 million from the victim to June 31, 2009 as the price for the acquisition of stocks and goodwill on the same day and received KRW 420 million in total from the victim 13 times in the name of the price for the acquisition of stocks and goodwill, as shown in the list of crimes in the attached Form from around that time to June 31, 2009.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning F;
1. Each judgment;
1. A C certified copy of the C registry, C shareholders' list, minutes of special shareholders' meeting, shareholders' list, business transfer and takeover contract, and stock transfer contract;
1. Application of the F National Bank Account Transactions Acts and subordinate statutes;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;