beta
Text
A defendant shall be punished by imprisonment for two years.
Reasons
A. Article 3(1) and F also stipulate the cost of lawsuit and the disposal of profits at the time of winning the instant real estate (Article 2(4)). As such, KRW 300,00,000 is merely the cost of acquiring the right of employees and the right of employees to receive the instant real estate as a collateral for KRW 300,000,000, not the transfer of the right of employees, but rather the transfer of the right of employees under the condition that F will receive the successful bid of the instant real estate.
② As agreed upon by the Defendant, F paid KRW 156,00,000 to February 24, 2011, the Defendant transferred 15,600 shares equivalent to that amount to F.
F The statement of performance prepared by the Defendant around that time is that “F will carry out all works with respect to the instant agreement in consultation with the Defendant with respect to major tasks, such as the business affairs, trade, and security of the instant company, and will be held liable for civil and criminal liability in the event that the agreement is not fulfilled. * The transfer of the number of shares of employees of the instant company is recognized as transfer only to the business for the successful bid of the instant real estate auction, and the transfer of the number of shares of employees of the instant company is not recognized as valid.” In addition, the purport of the instant agreement is that F will operate the instant company in consultation with the Defendant on the premise that the rights of employees of the instant company are transferred to F.
In addition, since the execution angle was made in relation to the implementation of the instant agreement, the part of the “project for the successful bid of the instant real estate auction” as stipulated in the proviso of the performance memorandum should be deemed to have been expressed by compressing the successful bid of auction and the winning of the lawsuit.
③ On March 24, 2011, F paid KRW 144,000,000 to the Defendant on March 24, 2011, in full, paid KRW 300,000 for employee rights transfer proceeds.
Afterwards, the issue is whether or not the defendant was the defendant's will, the defendant transferred F the rest of 14,400 shares of the company of this case to F.