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(영문) 제주지방법원 2016.11.23 2015고정407
사기미수등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C, and from March 25, 2014 to the same year.

6. Until December 12, 2006, the representative director of D Co., Ltd. (hereinafter “D”) served as the representative director.

1. Around July 17, 2014, the Defendant attempted to commit fraud filed an application with the Jeju District Court located in Jeju District Court for a payment order seeking reimbursement of KRW 500 million for loans, as the Defendant lent KRW 500 million to the said persons, against D (E, E, E,F, and G, located in Jeju District Court.

However, the defendant did not lend KRW 500 million to the above persons.

As such, the Defendant, by deceiving the above court, intended to defraud the above amount by obtaining a payment order from the above court. However, on January 22, 2015, the Defendant did not intend to commit an attempted act without having the intent to lose in the loan litigation No. 2014Gahap2378 of the above court’s second civil history on January 22, 2015.

2. D (the representative director before the change on June 12, 2014) of qualification-based private documents, qualification-based private documents and events D (the representative director before the change on June 12, 2014) obtained a loan equivalent to KRW 9 billion from a foreign exchange bank to raise business funds on or around May 15, 2014, and at this time, H (the representative director: I) received 30% of the D shares, and paid a payment guarantee for the above loan obligations on condition that the remainder of 70% shares is set up.

After that, when D's failure to meet the terms and conditions of the loan and the benefit of the loan was lost, H made a payment of the amount equivalent to KRW 7.7 billion out of the above loan on August 13, 2014, and offered the name of D representative director to the defendant who was dismissed from D's representative director on June 12, 2014. Accordingly, the defendant voluntarily convened the general meeting of shareholders and tried to register the representative director as if the defendant legally assumed office as representative director.

Around August 23, 2014, the Defendant’s name: (a) at the C Office in Jeju-si J, and (b) at the 1st shareholder registry: H, the number of stocks 100,000, and the said shareholder registry.

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