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(영문) 수원지방법원 평택지원 2018.05.30 2017고단2051
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 17, 2010, the Defendant was sentenced to two years of imprisonment for a crime of fraud from the Suwon prison on the part of the Suwon prison on June 17, 201, and the execution of the sentence was terminated on August 27, 201.

"Criminal facts"

1. On July 25, 2012, the Defendant would make the victim E, who had been working as the representative director of the said company at the office of D Co., Ltd. (hereinafter “Tgu D”) with the third floor of the building in Daegu-gu, Daegu-gu (hereinafter “Seoul-gu D”) around July 25, 2012, make the normalization by investing KRW 50 million in the capital in Daegu-gu D.

First of all, the company's seal impression should also be transferred to the head of the corporation and the certificate of seal impression, and the company will return the shares after the normalization of the company.

“The phrase “ was false.”

However, the defendant was not a M&A expert, and there was no intention or ability to normalize the company by investing 500 million won in cash, and there was an intention to sell the company's assets and to close the company's assets after acquiring financial profits.

Around July 30, 2012, the Defendant: (a) drafted a “contract for acquisition by transfer of stocks and management rights” with the victim of Daegu D, by deceiving the victim as above; (b) drafted a “contract for acquisition by transfer of stocks and management rights; (c) the market price of the victim to deliver 200,000 shares total par value of 5,00,000 shares to the victim; but (d) failed to do so at the wind that the victim did not deliver them.

2. On July 30, 2012, the Defendant entered into a contract with E to acquire shares and management rights and came to take office as the representative director of the victim Daegu D to take overall charge of the management of the company’s assets. On the other hand, the Defendant used the contract to sell the company’s assets and used the proceeds to use them at will.

On August 2, 2012, the Defendant sold Funst Cargo Vehicles owned by the Victim and consumed the purchase price of KRW 4.5 million for personal purposes, such as living expenses, etc. around that time while the Defendant was in custody for the Victim.

In addition, the Defendant from around that time to August 21, 2012.

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