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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension of legal principles and erroneous in the misapprehension of legal principles, since the defendant, who was excluded from the operation of the golf course as a main reason for appeal, had the intention of unlawful acquisition and had been committed by his employees.
2. Determination:
A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
① At Jeju, F Co., Ltd. was operating a golf course in D (hereinafter “instant golf course”).
On July 23, 2010, when wishing to operate a golf course, I, J, and K (hereinafter referred to as “I”) entered into a contract to take over the shares and management rights of F Co., Ltd. from L, a major shareholder of F Co., Ltd. and a de facto manager, and paid KRW 1 billion as down payment and intermediate payment. On December 6, 2010, the Defendant had the Defendant take the office of the representative director of F Co., Ltd. as the representative director.
② After October 18, 2010, F Co., Ltd. leased the instant golf course operating right to the Friart Co., Ltd., and the Defendant also assumed office as the representative director of Friart Co., Ltd. on May 23, 201 and operated the golf course.
③ Meanwhile, when I et al. came to know that the financial status of F Co., Ltd. was different from anticipated, I et al. demanded the rescission of the instant transfer/acquisition contract, which was accepted on January 17, 2011, and agreed to cancel the instant transfer/acquisition contract.
In the above agreement, I et al. paid 1 billion won as down payment and intermediate payment, and at the same time returned the amount invested by Friart Co., Ltd. in FF to return the stocks and management rights of F Co., Ltd., and on September 15, 201, E recommended by L was appointed to the representative director of F Co., Ltd.
(4) After L on November 201, 201, part of the above 1 billion won is 60 million won.