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(영문) 서울중앙지방법원 2018.04.19 2017고단927
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2011, the Defendant would pay KRW 28,800,000 as the purchase price if he/she transferred 5,760 shares of C stock (16 per share ratio) to the victim D who was a major shareholder of C in the office of Gangnam-gu Seoul, Seoul.

“The phrase “ was false.”

However, in fact, the defendant acquired the above shares from the injured party, thereby becoming a major shareholder of 70% of the shares ratio of C, and was intended to neglect management rights of the above company, and did not intend to pay the purchase price of shares to the injured party.

Nevertheless, on the same day, the Defendant received from the injured party a letter of change on 5,760 shares owned by the injured party.

Accordingly, the Defendant, by deceiving the victim, was delivered 5,760 shares of 28,800,000 won to the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Legal statements from witnesses E and F;

1. The defendant on September 2, 2013;

9.5. charity;

9. Statements made by each prosecutor's office (including parts of D) concerning the interrogation of suspects;

1. On April 7, 2014, part of the fact-finding protocol for the examination of the suspect by the prosecution (including the D substitute part) against the defendant

1. On June 4, 2015, part of the fact-finding protocol for the examination of the suspect by the prosecution (including the D substitute part) against the defendant

1. Sung-nam Assistance 2012 Gaon 38970, 38970, 201

1. C Articles of incorporation, certified copy of the corporate registry, and a contract for acquisition of shares on October 1, 201 by transfer of shares on October 1, 201, shareholders' list, agreement, agreement, agreement, respectively, and agreement for acquisition of shares on March 28, 2011;

1. Notice of cancellation of a share sales contract and request for return of stocks, notification of termination of a share sales contract, e-mail content (267 pages), C shareholder list (946 pages), specifications of stock transaction and certificates of personal seal impression, e-mail output on April 11, 201 (i.e., 3, 201), e-mail output, delivery of stocks (1720 pages), written contract for acceptance of stocks (1721 pages), and performance agreement (1721 pages);

1. Three copies, such as photographs, copies, etc. of a contract for transfer of stocks;

1. The e-mail and the consignment contract sent by the complainant to the suspect on February 18, 2011.

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