Text
Defendant
A Imprisonment with prison labor for six months and for four months, respectively.
Reasons
Punishment of the crime
1. Defendant A sold the stocks of the D Co., Ltd. to E on January 21, 2015, in the Republic of Korea District Court of Yongyang-si located in Namyang-si on March 7, 2016, in which the Plaintiff (Defendant) sold the stocks of the D Co., Ltd. to E on March 21, 2015, but E did not pay the stocks up to the present day.
“Preparation and submission of “application for payment order” seeking the payment of the purchase price of shares equivalent to KRW 36 million, and submitted a copy of “A” and “E” written as of January 21, 2015.
However, on April 3, 2017, the Korean District Court ruled against the plaintiff on the wind response of the victim E, which became final and conclusive around that time.
However, in fact, the above “stock acquisition agreement” was prepared formally for the purpose of reporting the tax related to securities transaction, and the Defendant did not transfer the stocks to the victim at the price under the above contract, and the Defendant was well aware of such fact.
Accordingly, the Defendant attempted to obtain a title of enforcement amounting to KRW 36 million from the Jung-gu District Court, which belongs to the above false statement, to the victim, but did not commit attempted crimes.
2. Defendant B sold the shares of D Co., Ltd. to F on or around January 21, 2015, the Defendant’s “E” as stated in the facts charged in the F indictment is a clerical error, since it does not put any substantial disadvantage to Defendant B’s defense, it is corrected ex officio.
Until now, the stock price has not been paid.
“Preparation and submission of “application for payment order” seeking payment of the purchase price of shares equivalent to KRW 60 million, and submitted to the effect that “B” was entered into as of January 21, 2015 as “B” and “B” and “B” as of January 21, 2015, and subsequently filed an application for the order to file a lawsuit.
However, paragraph 1.