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(영문) 수원지방법원 안양지원 2017.02.16 2016고합105

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for four years, for a fine of 10,00,000 won for Defendant B corporation and for 10 months for Defendant C.

Reasons

Punishment of the crime

The prosecutor shall distinguish between the crime of indictment and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud, and shall state only the crime as the "Fraud" in the part of the crime, according to the amount of damage by victim, it shall be indicated separately by distinguishing between the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud.

In addition, according to the result of this court's examination of evidence, some criminal facts were corrected to the extent that it does not hinder the defendant's defense.

"2016 Gohap 105 - Defendant A's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and fraud Defendant as the representative director of B Co., Ltd. (hereinafter "B") established for the purpose of processing Aluminium products, who exercises overall control over B's management, and M is the chief of the general affairs of the above company, and is owned by N and motherO of the Defendant under the direction of the Defendant.

A person in charge of the sale of B shares is the person.

In order to list B B on June 2015, the Defendant requested the Financial Supervisory Service to designate and audit the financial statements for the fiscal year of B 2014 to KON and was audited by the P Accounting Corporation, and it is anticipated that the Defendant could not receive appropriate opinions because it was unable to submit audit data, such as sales data, etc. In addition, the Defendant knew that a large-scale net loss was occurred in the accounting year of 2014, then he tried to conceal that the completion of the 2 factory factory was impossible due to the listing on the KOSDAQ and the financial shortage caused by IR data, etc. and sell the shares held before the price drop.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud due to sales of stocks prior to large-scale disclosure and listing;

A. The victim Q Q violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the fraud of the victim R on February 2, 2015 in the Seocho-gu S Building to the early police officer.