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A defendant shall be punished by imprisonment for one year.
An application for compensation by an applicant for compensation shall be dismissed.
Of the facts charged in the instant case.
Reasons
Punishment of the crime
On June 6, 2012, the Defendant is the representative director of the limited liability company C (Registration Number: D) and Defendant 1, operating the above C, had the intent to conceal part of the above C debt to acquire profits by transferring the said C debt to the victim E and the victim F. On June 30, 2012, the Defendant concluded a contract for the transfer and acquisition of the said limited liability company C and the stocks with the victim E at the C office located in G around 13:00 at around 13:0, 2012. In such a case, the Defendant, the transferor, was obligated to notify the victims who were the assignee of the debt borne by the said C, and to take account of the calculation of the amount of the transfer, notwithstanding the obligation to transfer and acquire the above C, the said C bears the above debt amount of KRW 180 million (17,000,000,000,000,000,000). The Defendant acquired the above debt and the above amount of the victim’s pecuniary profits.
Summary of Evidence
1. Each legal statement of witness E and F;
1. The police statement of H;
1. Corporation and written contract for transfer and takeover of stocks, seizure and collection order, and notarial deed;
1. Application of Acts and subordinate statutes to an investigation report (report on attachment of claims and collection order accompanied by a statement of determination), investigation report (report on telephone conversations between the witness H) and investigation report (report on details of the case accompanied by the case);
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Subdivision of non-crimes under Article 25 (3) 3, and Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and Promotion, etc. of Lawsuits (the scope of liability for compensation is not clear);
1. The summary of the facts charged is that the Defendant: (a) was under custody of I franchised from Hyundai Capital by a limited liability company C; and (b) smartphones (phone number: J) admitted in the name of a limited liability company and limited liability company C.