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(영문) 서울중앙지방법원 2017.08.31 2016고합189
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 27, 2015, the Defendant entered into a contract for acquisition of shares and management rights (hereinafter “instant contract”) with the victim G to take over the total amount of KRW 340,000 equity shares of H H (hereinafter “H”) of a limited company (hereinafter “H”), the representative director of which is the victim G, and agreed that the transferor shall succeed to the acquisition of shares and management rights by the transferee, documents for the transfer of equity shares, the appointment of the transferee as the representative director, documents for the appointment of the transferee as the representative director, the entire resignation of the officers of the existing registration, and the transferee shall simultaneously perform the acquisition price of KRW 5 billion to the attorney-at-law, and within three business days from the date of the conclusion of the contract.

However, the Defendant did not intend to pay the agreed acquisition price of KRW 5 billion even if the registration of the corporation was completed by entering into the above acquisition agreement and transferring documents on the transfer of H shares from the injured party and the change of executive officers.

On March 31, 2015, the Defendant, who believed to be able to fully receive the acquisition price under the above contract, obtained the resignation of the representative director, the certificate of corporate seal impression, the certificate of corporate seal impression cards, and all documents necessary for the transfer of equity and the change of executive officers, and completed the registration of the corporation, and received the transfer of H’s management rights. On April 1, 2015, the Defendant did not pay 2 billion won out of 5 billion won of the acquisition price in Esc and instead did not pay 3 billion won of the acquisition price to Esc, and acquired the financial profits equivalent to 1 billion won of the victim’s personal debt to the KF Savings Bank.

2. The gist of the Defendant’s assertion is that the Defendant did not deceiving the victim with the intention of not paying the purchase price, but accurately grasping the scale of paperless transactions and risks of occurrence of contingent liabilities.

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