(영문) 광주지방법원 2018.07.18 2018노1616 | 리걸엔진

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(영문) 광주지방법원 2018.07.18 2018노1616

공정증서원본불실기재등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant I and H obtained the status of shareholder by paying the total purchase price of shares and acquiring the status of shareholder, the Defendant exercised shareholder rights with legal advice from the law office as I unfairly rejected a letter of change in the name of shareholder, the lower court found the Defendant guilty of the facts charged in the instant case even though the Defendant did not have any awareness of intention or illegality. In so doing, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. On September 16, 2009, the lower court duly admitted and examined the evidence as to the Defendant’s assertion, namely, the Defendant entered into a contract for stock transfer with H to purchase KRW 450,000,000 of the FF shares in the agreement to acquire KRW 450,000,000, and I entered into a contract for stock transfer with H to purchase KRW 100,000,000 shares of the said company. Around April 10, 2013, the lower court paid the purchase price of shares to H and I, and paid the purchase price of shares to H and I, thereby holding a temporary general meeting of shareholders (hereinafter “temporary general meeting of shareholders”).

(3) Around that time, the Plaintiff owned 55% of the shares of the company

However, I argued that "The contract for the transfer of shares by the person on September 16, 2009 was made falsely in order to provide financing, and in fact, the defendant and H, and the defendant and I entered into an oral share transfer contract around September 2010, but the defendant did not pay the purchase price of shares, but the defendant was not a shareholder of the LAF at the time of the temporary general meeting of shareholders in this case," and that the defendant asserted the same in related civil cases (such as the claim for the change of shares in the name of Gwangju High Court 2014Na 2166) and criminal cases (Seoul High Court 2015No451) but it is difficult for each of the above courts to recognize the establishment of the transfer contract for shares on September 16, 2009.

(3) AA shareholder of the LAF shall be the Gwangju District Court.

유사 판례

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