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(영문) 수원지방법원 안산지원 2014.08.28 2013고단1814
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From June 28, 2005, the Defendant and the victim agreed to own 50% of the shares of the said company as face value by jointly promoting the F golf course development project, such as purchasing a lot of land, such as Gyeonggi E, under the name of D (hereinafter referred to as “D”) operated by the Defendant from around June 28, 2005, by transferring 5,00 shares of the said company owned by the Defendant to the victim.

The Defendant, from March 23, 2006, was requested by the victim to change the ownership of less than 50% of the victim’s shares out of the D shares, and there was no reason to expect that the victim would be satisfied of less than 50% of the victim’s shares out of the D shares without any separate condition. As such, the Defendant, in mind by securing the shares of D exceeding 50%, was able to present to the victim as if he had a right to 5% of D’s shares, around March 23, 2006, he deposited the above amount of KRW 450 million created by himself in a new bank account in the name of his wife’s friendship, and again deposited the said money in the AF bank account in H’s name, and made the appearance of the Defendant’s investment in D by making a settlement of accounts of D with the said amount of KRW 450 million deposited from his wife.

After November 2006, the Defendant: (a) at the J (State) office operated by the victim under the 322 shares of the IFI building in Goyang-dong-gu, Youngdong-gu; (b) the victim demanded that the victim move 50% of the shares to the Defendant, and (c) the victim made a 5% (500 shares) of the total shares of the said company to make an investment of KRW 250 million to H of the said company; and (d) at the intervals of 5% (500 shares) out of the total shares of the said company, the Defendant would own 47.5% (4,750 shares) out of the total shares of the said company; and (d) even if the Defendant transferred 47.5% (4,750 shares) out of the total shares of the said company, it would make a false statement that the title trust will be held in the name of the said company.

However, the defendant's shares in the above company are more than the victim.

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