특정경제범죄가중처벌등에관한법률위반(사기)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Punishment of the crime
The summary of the facts charged was about October 2008 that the Defendant did not operate the church fund of 20 billion won, so despite the absence of the intent or ability to invest 20 billion won in D, E, and F, etc., he/she had 20 billion won of the church fund and introduced the victim G by requesting them to introduce a place where he/she may invest.
At the time, the Defendant knew that the victim received investment and tried to secure a favorable share for the purpose of defending the management right of H (hereinafter “H”) and decided to borrow the above 20 billion won as if it invested in the victim and acquire the shares of the victim as collateral.
On October 14, 2008, the Defendant heard the business explanation of H financial status, etc. from the victim, along with the above D, E, and F, and called the victim on the 15th day of the same month, and called the victim on October 14, 2008, the Defendant directly operates approximately KRW 200 to 30 billion investment funds of the members of the father’s church properties and the members of the church. The Defendant would invest approximately KRW 20 billion. The major shareholder, while securing friendship shares, sells his/her own shares, would have the damage to the investors. Therefore, the Defendant would keep the H shares in kind and return them thereafter. If he/she fails to believe, there is no problem in the law firm’s authentication and keeping them in custody.”
On October 16, 2008, the Defendant received from the victim the amount equivalent to KRW 245,00,000,000 (market price per share 490 won) of H stocks owned by the victim at the J restaurant operated by the victim in Gangnam-gu Seoul, Seoul on October 16, 2008. On the 28th of the same month, H stocks were issued at the same place equivalent to KRW 15,50,00,000 (hour 310,00 per share) at the same place. On November 10, 2008, the Defendant received from the victim the amount equivalent to KRW 560,00,000 (market price per share 560,000 per share) at the same place.
Accordingly, the defendant deceivings the victim and makes a total sum of 960.