beta
(영문) 서울남부지방법원 2018.07.19 2017고단5239

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

(2) the date of this judgment.

Reasons

Punishment of the crime

[criminal record] On November 22, 2016, Defendant A was sentenced to a suspended sentence of two years on August 30, 2016 in the original branch of the Chuncheon District Court for criminal fraud, and the judgment became final and conclusive on November 30, 2016.

Defendant

A on May 18, 2017, the Seoul Southern District Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Southern District Court, and the judgment became final and conclusive on January 5, 2018.

[Criminal facts C is the actual representative of (State) E in Songpa-gu Seoul Metropolitan Government D.

The injured party was operated by the injured party on September 2014.

As F (State) becomes insolvent, the Defendant A was introduced through G around December 2014, which was a newly operated company, while being in physical color.

Defendant

A A around February 2015, at the above (State) EE Office around February 2015, Defendant B is the victim, “interest M&A of Securities Experts.”

The actual value of H (H) shares is at least 100 billion won, introducing them as “the actual value of H (H) shares, which may be accepted at KRW 85 billion.

H M&A is independently arranged by the J Vice-Chairperson of the I, and B is in contact with the J Vice-Chairperson.

Defendant B refers to the victim, and Defendant B granted the victim a contract for share transfer and management rights transfer with (State) J Vice-Chairperson.

Our country should show that there is a will to proceed M&A, and we should give 50 million won as deposit money to J.

“A false representation was made.”

However, the Defendants thought that they would personally use the above money, and there was no idea that they would deliver 50 million won to J, and there was no fact that J did not demand deposit money from the Defendants.

Accordingly, the Defendants conspired to induce the victim as above, and received a delivery of KRW 50 million in total from the victim, around March 25, 2015, of KRW 50 million.

Summary of Evidence

1. Each legal statement of the Defendants, the witness K, and the witness B (Defendant A) and each legal statement of the witness J and the witness C

1. Protocols concerning the interrogation of suspects by the prosecution against K, C, and Defendant A, Defendant B, K, and C;

1. C, J,.