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(영문) 울산지방법원 2017.11.03 2017고합162
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and for four years, respectively.

Reasons

Punishment of the crime

1. The Defendants, in collusion, commit a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the victim H, who is the representative director of F Co., Ltd. (hereinafter “F”) and G Co., Ltd. (hereinafter “G”), in a certified judicial scrivener office where it is impossible to know the trade name in Busan document around January 12, 2016, shall accept F and G for KRW 60 million.

40 million won shall be paid immediately and the remaining 200 million won shall be paid in installments over three months.

“A false statement” was made.

However, in fact, the defendants acquired the management rights of the above company without their own capital by taking advantage of the above company's acquisition, and then disposed of the assets of the above company and intended to use them for personal purposes, such as operating funds of other companies invested by the defendants, and even if they acquired the stocks and management rights of the above company from the victim, they did not have the intent or ability to pay

On January 13, 2016, the Defendants conspired in collusion to induce the victims, and acquired the shares and management rights of the said companies from the victims, thereby acquiring the pecuniary profits equivalent to KRW 600 million of the acquisition price.

2. From January 13, 2016, Defendant B violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was disadvantageous to the president of the victim F, who was for the first counter I, the first aid and funeral business in Changwon-si from January 13, 2016, and was in charge of the above company’s fund management business. Defendant A, as the representative director of the above company, has been engaged in the above company’s fund management business along with Defendant B.

The Defendants agreed to acquire the shares and management rights of the above company between the victim company and H division, which is the former representative director of G, as described in paragraph 1, but prior to payment, Defendant A agreed to take office as the representative director of the above company. On January 13, 2016, Defendant A was able to take office as the representative director of the above company and manage the fund. The victim is owned by the victim company.

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