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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
D, E, and F are investors preparing the acquisition fund of the victim(s)G (hereinafter “victim”) upon the Defendant’s solicitation. The Defendant is a person who, after acquiring the victim’s company, registered the representative director of the victim company in the name of H and managed the company in the name of H after re-trades to a third party, until profits accrue from re-trade with the third party, and actually operated the victim company by agreement with the above investors.
On November 2013, 2013, the Defendant: “The distribution company in Yong-Namam has been in possession of goods; it may be a good business if sold after acquiring the right to operate the goods, etc.; D, along with F, the Defendant’s private village E and D, shall prepare KRW 110 million for the acquisition of the goods distribution company; and the Defendant, prior to the acquisition of the goods distribution company by taking over the goods distribution company to a third party based on the experience he worked in the goods distribution company; and the Defendant entered into a partnership agreement to distribute profits from the re-sale equally.
Pursuant to the above agreement, around November 4, 2013, the Defendant: (a) at the office of the head office of L/A (State) in the Dong-gu, Yong-gu, Yong-gu; (b) at the office of the head office of the Dong-gu, Chungcheongnam-gu; and (c) at the office of the head office of the Dong-gu Office of the Republic of Korea (State); (d) at the aforementioned office, the Defendant entered into a contract for the transfer of a corporation with the said K to acquire the rights of operation of the company, including the victim company’s stocks and assets, etc., established for the purpose of general cargo transport business, etc., with the aforementioned K under the name of D; and (d) on November 4, 2013, D, with the trade funds created with other investors, paid KRW 40 million to the Agricultural Cooperative account of K; and (e) KRW 20 million,000,0000,000 to the above N’s account on December 12, 2013, 500
The defendant, together with D, has a name of representative director of the victim company around December 13, 2013.