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(영문) 서울중앙지방법원 2015.07.16 2014고정438

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 1, 2007, the Defendant, at C office operated by the Defendant in Gangnam-gu Seoul Metropolitan Government, called the victim D by phone, and concluded a contract with the victim with respect to the construction of a 5th degree hotel hotel, road signs, street lamps, etc. in preparation for the Vietnam Olympic Games held on August 8, 2008. Accordingly, if the construction is completed and the shares of the company are listed, it will be boomed if the shares of the company are listed. Accordingly, the Defendant purchased the shares of the company in question, and if you know, it would be able to purchase the shares.”

However, at the time of fact, the Defendant did not have any factory operation to produce L CD products due to the lack of financial capacity, and the Defendant was unable to enter into a construction contract in China or to implement such contract because of the lack of ability to manufacture and deliver the products. For this reason, the Defendant was anticipated to have continued to engage in the business, and the shares of the said company were virtually neglected.

The Defendant, by deceiving the victim E, introduced the victim E from the victim, and around June 26, 2007, purchased KRW 5,000 per share from the victim E to KRW 2,500 per share, and acquired KRW 12,500,000 from the victim F to the national bank in the same way as on July 30, 2007, KRW 3 million for KRW 1,000 from the victim F to the 1,00 shares, KRW 3 million for shares from the victim H in the same way as on July 31, 2007, KRW 5 million for shares from the victim H in the same way as on July 31, 2007, and KRW 3 million for KRW 1,000 from the victim D to the national bank from around August 2, 2007, and acquired KRW 26,500,000 from the victim to each national bank.

2. On June 16, 2009, the Defendant called the victim D and tried to again purchase and sell existing shares after obtaining a loan of KRW 3 billion from a financial institution.

However, there is a lack of fee of 2 million won for receiving a loan.