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(영문) 대구지방법원 2016.09.23 2016고단2285
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2] On September 16, 2010, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Daegu High Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and the said judgment became final and conclusive on January 13, 201. On January 28, 2011, the Daegu District Court sentenced eight months of imprisonment for a crime of fraud, two years of suspended execution, and the said judgment became final and conclusive on May 13, 201. On March 18, 2016, the Daegu District Court sentenced 6 months of imprisonment for a crime of fraud and 2 years of suspended execution to be sentenced to two years of suspended execution.

[Status, etc. of Defendant and his accomplice] The Defendant, from December 2005 to September 6, 2009, was in office as the representative director of the Water and Wastewater Manufacturing Business Co., Ltd., and was in general in charge of the management, financing and execution of this company.

G from March 2008 to March 2009, while serving as a director in charge of the financial affairs of the said KUE, he/she was in charge of financing and enforcement.

[Criminal facts]

1. From June 2007 to the crime, the Defendant, as the representative director of the KCA, had this company conduct the bypass listing of the shares of this company from around June 2007 to the method of acquiring and merging the KOSDAQ-listed company, and had the police officers, such as H members I and J, a police officer of the Daegu District Police Agency, receive investment in order to raise necessary funds.

The Defendant and G should provide L with 2 million shares of the Defendant, the largest shareholder on the shareholder registry (5.1% of the total issued shares of 3.8 million shares) as security in order to protect L in raising funds through L, the main shareholder of which is K branch of K K branch, in order to take over the KOSDAQ-listed company (hereinafter “CJ-invested securities”) by resolving this financing shortage and normalize management. In order to take over the KOSDAQ-listed company, the Defendant and G should provide L with 2 million shares of the Defendant, the largest shareholder on the shareholder registry (5.1% of the total issued shares of 3.8 million shares) as security. In fact, the Defendant is already different.

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