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(영문) 수원지방법원 성남지원 2016.04.01 2015고정1004
사기등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 25, 2010, the Defendant: (a) invested KRW 50 million from October 25, 201 to October 31, 201; (b) made an investment agreement with the Defendant’s operation of the Defendant from October 31, 201 to December 31, 201; and (c) concluded a return of the investment amount upon the expiration of the investment period; (b) concluded an investment agreement with the effect that the said investment period shall return the investment amount; and (c) as of May 4, 2014, the Defendant owed C with the obligation to return the investment amount of KRW 50 million (hereinafter “the obligation to return the investment amount”).

From May 9, 201 to May 4, 2014, the Defendant, while working as a director of the Victim F Co., Ltd. F (hereinafter “victim F”) in Sungnam-si, Sungnam-si E (hereinafter “victim”) and continued to manage the said company’s account and password on May 4, 2014, instead of being exempted from the obligation to return this case’s investment (i.e., abolition of the investment agreement on October 25, 2010) from C, instead of being exempted from the obligation to return this case’s investment (i.e.,, abolition of the victim’s investment agreement). In return, the Defendant: (a) concluded an agreement to transfer the victim’s representative status; and (b) the victim’s stocks owned by the Defendant and G (20% of the equity ratio) to C; and (c) continued to manage the Plaintiff’s bank’s account and password even after transferring the stock and management right.

As above, on July 15, 2011, while managing our bank account and keeping the funds of the victim company deposited in the account in the account in the course of business, the defendant transferred at the victim company's office to the bank account under the name of the defendant to the bank account under the name of the defendant and used for the personal purpose from that time to that of the defendant;

6. Between 16.16., the sum of the funds of the victim company was embezzled by 47,949,000 won over 16 times, such as the list of offenses in the annexed sheet.

2. The Defendant, as described in paragraph (1) of May 4, 2014, entered into a contract with the victim C to transfer shares and management rights, is liable to the victim for F’s debt and liability.

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