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(영문) 대전지방법원 천안지원 2018.10.19 2017고단1730
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On May 26, 2016, the Defendant transferred 17,400 shares of the G Co., Ltd. owned by the mother F in KRW 17,400,00 and additionally transferred 33% of the remaining shares of the said company at the C Certified Judicial Scriveners Office in Seocho-gu Seoul Metropolitan Government around May 26, 2016.

The shares are already transferred by mutual consent between shareholders, and there is no seizure or security right, and the third party has no reason to exercise the right.

“.....”

However, at the time of the dispute over the management rights between shareholders, whether the said 33% shares can be additionally transferred, and the defendant had already transferred the said 17,400 shares to H as collateral around January 12, 2016, and separately entered into a contract to transfer the business right, including the said shares, to H, to H on April 27, 2016 and entered into a request for opening the business right in the name of the LAG in the name of the LAG and the said shares were already subject to a complicated contract. The said shares had already been subject to a right to re-transfer to a third party or as collateral without prior written consent of the pledgee. However, although the right to re-transfer the said shares was established under the conditions under which it could not be transferred to a third party or disposed of by other means without the consent of the pledgee, the defendant deceiving the victim as above and was transferred KRW 100 million from the damage to the JA account in the name of F.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant (as at the fourth public trial date);

1. Each legal statement of the witness D, witness E, and witness K;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. A written contract for acquisition of shares between the complainant and F, deposit certificate, C judicial scrivener receipt, reply form, confirmation letter, agreement form (as of January 26, 2016), and notice of termination in accordance with the contract for acquisition by transfer, a written agreement for comprehensive transfer of shares, a notice of transfer of shares, a written contract for creation of a pledge right to G stock, a security share list, a certificate of non-issuance of share, a written consent for stock disposal, and a certificate for share transfer.

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