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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a representative director of D, and the victim E is a person who owns 680 shares of the above company in the name of mother F.
Around January 201, the Defendant: (a) removed and newly built and sold the instant building because the Defendant entered and difficulty in operating the rents for the building awarded in the name of “D” in a mutually aesthetic coffee shop in Seo-gu, Seo-gu, Daejeon; and (b) removed and newly built the said building. On the other hand, the Plaintiff also made a false statement to the investor that the Plaintiff will invest KRW 700 million in the cost of KRW 700 million. However, the Plaintiff also made a false statement to the effect that the shares should be given in 100 shares and G, and if the Party issued 200 shares, the shares will be kept in its custody.”
However, there was no plan to attract investment amounting to 700 million won only when the defendant acquired shares from the victim and used shares to exclude the victim in the course of operating the company.
On January 21, 201, the Defendant received 200 shares of the non-merchants D from the market price at the office of the mutually unregistered certified judicial scrivener in the Seo-gu, Seo-gu, Daejeon.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and G in part;
1. The first prosecutor's protocol of examination of the accused partially;
1. Notice, certificate, application for registration of change of a stock company, temporary owner’s total minutes, list of shareholders, register of corporate register, stock transfer and takeover contract, data of lawsuit seeking confirmation of nullity of resolution by the board of directors (a copy of pleading protocol, copy of G principal examination protocol), recording
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;
1. Grounds for conviction under Article 62 (1) of the Criminal Act (including a circumstance that may be considered in the course of criminal conduct, an agreed fact, and a fact that there is no particular criminal record);
1. Defendant’s assertion, F, G 3.