beta
(영문) 수원지방법원 안산지원 2017.10.18 2017고단1318

사기등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants of “2017 Highest 1318” carried on a partnership business and run a stock farm for the development of Macil in D from around 2009 to March 2014, and from around April 2014, the Defendants operated a stock farm for the development of Macil with the trade name of “(State) G” in Sinung-si from around 2014 to around 200.

1. On April 201, Defendant A’s fraud made a false statement to the effect that “A shall have 100,000,000 common share certificates (hereinafter “instant share certificates”) which are issued by Hyundai Oil Co., Ltd. as of October 15, 1993, with the face value of KRW 50,000,000,000, issued by Hyundai Oil Co., Ltd. (hereinafter “instant share certificates”), Defendant A shall purchase more than 150,000,000,000,000 won in purchase cost, and thereafter, Defendant A shall purchase more than 20,000,000 won in purchase cost.”

However, even if the Defendant borrowed money from the injured party, he was able to purchase 150 copies of the instant share certificates with the said money and use them for other purposes, such as personal debt repayment. The instant share certificates with the forged share certificates and had no intention or ability to recognize the right of 20% of the face value of the instant share certificates.

The defendant deceivings the victim as above, and he acquired 50 million won in total from the injured party, 50 million won in total, around May 6, 201, by deceiving the victim.

2. On January 1, 2014, Defendant B also told Defendant A to the early police officer that “the case in which he was investigated by fraud was designated by the same autopsy,” and he was aware that Defendant A was subject to tracking by an investigative agency on March 1, 2014, as he was designated as a fraud listed in paragraph 1. However, around July 1, 2015, Defendant B’s cell phone (J) opened to Defendant C in the name of Defendant C’s Schedule.