beta
Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
【Criminal Power】 The Defendant was sentenced to five years in Seoul Central District Court on August 29, 2014 to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and confirmed on March 27, 2015
【Criminal Facts】 2015Gohap57】
1. Around December 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was granted the authority to color a person who is the representative director of G Co., Ltd. (hereinafter “G”) to acquire the management right of G and discuss the conditions and procedures thereof, and did not have the authority to sell the H’s management right to the said company. Around that time, the Defendant did not have the right to participate in G capital increase with the bonds company, including I, such as I, and had the bonds company acquire 10780,000 shares of the said company. As such, the Defendant did not have the right to control or arbitrarily dispose of the said
On December 30, 2010, the Defendant: (a) at a law firm K Office located on the second floor of Seocho-gu Seoul Metropolitan Government J building, the Defendant did not transfer the Plaintiff’s shares and management rights of G company to the victim under the above circumstances; (b) however, the Defendant did not transfer the Plaintiff’s shares and management rights of G company to KRW 11.5 billion via L. On the other hand, the Defendant would transfer KRW 1.5 billion as down payment, at the same time, KRW 1304,346 out of KRW 10 million as down payment, and the remainder would be able to acquire the said company immediately after disposing of it in the domestic market and appropriating it as the remaining acquisition price.”
The defendant received 1.5 billion won in total, such as one cashier's checks issued by the NAF and one cashier's checks with face value of KRW 500 million, under the name of contract deposit for transfer of shares and management rights.
Accordingly, the defendant deceivings the victim and received property from the victim.