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(영문) 대전지방법원 2016.05.13 2016고단89

사기

Text

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

Reasons

Punishment of the crime

On July 17, 2015, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on July 25, 2015.

In 2010, the Defendant established and operated A Q (hereinafter “AS”) for the purpose of offering stock investment advisory services, and the Defendant asserted that AR serves as the chairperson of AS (hereinafter “AS”).

On October 2012, the Defendant and R entered into an agency contract for the sale of the AS stocks, recruited investors through Q, and conspired to acquire money as if the investors can continuously benefit including the principal when purchasing the AS stocks.

On November 28, 2012, the Defendant is expected to list AS in the U.S. BU to the victim AV who found the above office by introducing the AP office located in Gangnam-gu Seoul on November 28, 2012 to other investors.

When purchasing and listing shares, the price may be increased to the price of the shares, if it is listed.

When purchasing shares, the principal and additional profits will be paid three months after the purchase of shares.

“AS shares of KRW 100,000 was entered into a contract with the victim to acquire the shares of KRW 50,000.

However, in fact, the R did not have the authority to transfer the AS stocks, did not intend to list the AS in the AS, and there was no intention or ability to pay the principal and interest even if it received the investment funds through the form of stock purchase as above.

Nevertheless, the Defendant, in collusion with R, by deceiving the victim as above, and by deceiving the victim to the account of Q Q from the damaged person to the account of South Korea bank of Q Q on November 29, 2012, and acquired the total amount of KRW 50 million on November 30, 201, respectively.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Each protocol concerning the AR concerning the examination of suspects by the prosecution;