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(영문) 서울남부지방법원 2014.10.23 2014고단1146
사기
Text

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 of the final judgment.

Reasons

Punishment of the crime

From October 2010, the Defendant established the Victim C, D, and E and operated them as a partnership business. From around October 2010, the Defendant fully prepared capital of KRW 200 million, but C and D borrowed from the Defendant as to their respective shares. On November 4, 2010, the Defendant issued a promissory note with a face value of KRW 66 million and drafted a notarial deed on the said promissory note.

Since then, around November 8, 2010, the Defendant and D (the name of shares was F) and C (the name of shares was H) paid 6,000 shares free of charge to H 2,00 shares in each of the above brand branch offices 2,000 shares in order to smoothly import the brand will, and the Defendant had C, who would give up all shares and withdraw from the business relationship, transfer 2,640 shares of the above company to D, 8,680 shares of the above company, 8,680 shares to each of the Defendant, and returned to C a promissory notes signed by the Defendant, which were owned by the Defendant, to C.

On April 17, 2013, the Defendant only returned the said promissory note to C, and did not have any loss, filed an application for a public summons on the grounds of loss of the said promissory note’s Notarial Deed with a certified judicial scrivener at the Seoul Southern District Court. On August 12, 2013, the Defendant acquired, from the court, the judgment of nullification was rendered on August 12, 2013, the said promissory note’s Notarial Deed became final and conclusive around that time, the Defendant acquired the financial benefits equivalent to KRW 66.6 million at face value by acquiring the status that the Defendant, the debtor on the said Promissory Deed’s No. notarial Deed, can exercise his/her rights on the Promissory

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Examination protocol of the accused by the prosecution (including the statement ofC);

1. Notarial deeds;

1. Application of Acts and subordinate statutes of each share transfer contract;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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