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(영문) 서울중앙지방법원 2012.11.08 2011고단6292

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2011, the Defendant was sentenced to one year of imprisonment at the Seoul Central District Court for a violation of the Financial Investment Services and Capital Markets Act, and the judgment became final and conclusive on October 31 of the same year.

On August 2010, the Defendant, at the Seocho-gu Seoul coffee shop, concluded to the effect that “(40 years of age) has 200,000 shares,” and to acquire the company by purchasing more than 50,000 shares of 50,000 won. The Defendant was scheduled to lend 2.7 billion won acquisition price from the twit Foundation located in Daegu. In order to borrow the acquisition price, 150,000,000 won should be paid to the said Foundation as the first interest. If the Party loans 150,000,000 won, the principal would be repaid within one month, and the (State) would make payment of 7.9 million shares as interest.”

However, the defendant did not hold the compact shares at the time of the above (State).

Since there was no plan to receive a loan from the above Sable Foundation, there was no intention or ability to take over the above Company, and only he thought that he will receive money from the victim to use it for his personal purpose, and even if he borrowed money from the victim, he did not have the intent or ability to pay the principal and interest as agreed upon.

The Defendant, by deceiving the victim as such, received KRW 150 million from the victim on or around the 23th day of the same month from the victim, and received additional expenses necessary for continued acceptance on or around August 27, 2010, KRW 5 million on or around September 2, 2010, KRW 30 million on or around September 6, 2010, and KRW 43 million on or around September 11, 201, respectively, and acquired the money by transfer from the E-B bank account (F) under the name of the Defendant designated.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. A complaint filed in D;

1. Previous convictions in the judgment: A report on the results of confirmation before the disposition and a report on the investigation (the report on the status of personal identification) shall apply to the law.