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(영문) 서울중앙지방법원 2017.07.20 2016고단1496 (2)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Co., Ltd. B and the acquisition of management rights are separated from the contract, and Co., Ltd. C (the two years of suspended execution as of December 22, 2016 was appealed and currently pending in the appellate trial) concluded a contract for acquisition of stocks and management rights of the Co., Ltd. (hereinafter referred to as “three contracts for acquisition of stocks and management rights of the Co., Ltd.”) on three occasions, including D et al., the shareholder of the Co., Ltd. (hereinafter referred to as “B”), but the seller did not conclude the contract for acquisition of stocks and management rights of the Co., Ltd. (hereinafter referred to as “the instant acquisition of stocks and management rights” as of the date of conclusion of the contract, respectively, but the contract for acquisition of stocks and management rights of the Co., Ltd. was also concluded on three occasions as follows.

On February 22, 2012, 12, the date of termination of the contract for the sale price of the seller’s shares on the date of priority contract (cost) D (State) D (State) D (State) D (State 27,252,016 22,000,000,000 of the seller’s shares in L (State) L (State) D 27,252,000,000,000 on May 11, 2012, 2012, PPR S 25,632,8620,6320,6920,720,000,000,000 GH L L (State) L (State) L (State) L (State) L (State 27,252,016,000,000,000,0000,000 May 36, 2013,

2. The Defendants are referred to as “the Defendants” when they collectively refer to the Defendants, who are separated from the Defendant.

The Defendant also participated in the instant secondary acquisition contract while running the Plaintiff Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter “O”), one of the contracting buyers. From the time of the conclusion of the contract, Co., Ltd., which led the instant acquisition of the instant secondary acquisition, attempted to borrow money in the bond market to cover the purchase price under the instant contract without fulfilling its role as a participant in the contract. However, as the instant secondary acquisition was failed to raise funds, the Defendant, instead of Co., Ltd., a party to the contract, was the representative director, added Co., Ltd., Ltd. (hereinafter “X”) where Co., Ltd was the representative director.

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