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(영문) 서울남부지방법원 2019.07.09 2019고정497

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around November 2015, the Defendant made a false statement to the effect that “The Defendant would jointly distribute profits by transferring 3,900 shares equivalent to 65% of the shares issued by the LAF, which is 100% of the shares issued by the LAF, which are 6,000 shares in the company, to the victim D and E in the office of the LAF in Seongbuk-gu, Seongbuk-si, Seoul.”

However, the defendant did not have the intent or ability to transfer 3,900 shares to the victims even if he received the share transfer money from the victims.

On November 27, 2015, the Defendant: (a) by deceiving the victim; (b) received KRW 100,000,000, including the transfer price of shares, from the national bank account (Account Number: G) in the name of the Fund in charge of the settlement of accounts on November 27, 2015; and (c) on January 21, 2016, the Seoul Gangnam-gu H H H H HF office obtained financial benefits of KRW 9,00,000,000,000,000,000,000,000,000,000, to the victim E, to transfer 1,800,000,000,000,000, to the victim E, and did not transfer the agreed shares to the victim I, thereby acquiring financial benefits of KRW 39,900,00,00.

2. The Defendant attempted to commit fraud, around March 30, 2018, at the Seoul Southern District Court of Yangcheon-gu, Seoul, 390 Seoul, filed a lawsuit to confirm the existence of a share transfer contract against the said victims by the said court 2018Gadan214597, which had concluded a contract to transfer the shares as above, and the said court attempted to obtain a judgment in favor of the Plaintiff by deceiving the said court by the method of submitting evidentiary materials, but the victims failed to bring the lawsuit and failed to bring the lawsuit against the said victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police;

1. A copy of a stock acquisition agreement and a certificate of personal seal impression;

1. A copy of the complaint and text message shall be deemed to have been recognized as a de facto shareholder of the victims;