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(영문) 수원지방법원 성남지원 2017.11.30 2017고단1035

사기

Text

Defendant

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On December 2, 2016, Defendant A was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Seoul Central District Court on the 10th day of the same month and the judgment became final and conclusive.

[Criminal facts]

1. Defendant A’s sole crime is the representative director of “G Co., Ltd. (G)” (hereinafter “G”).

The Defendant, using the concept of “I”, intended to sell the shares of G operated by the Defendant to raise investment funds for the development of the said technology by using H’s registered patent to obtain the price from the Defendant.

Accordingly, on July 2010, the Defendant made a false statement to the victim K at the 8th floor office located in the Dong-gu Seoul Special Metropolitan City J building, stating that “If a non-powered motor vehicle is developed by using H doctoral L, our company will invest in the company as it goes on its own, and if 15,000 won per share is purchased from 10,000 won to 10,000 won or more per share, within three years.”

However, L developed by H was registered as a patent in 2007 and around 2008, but there was no commercialization of the technology or additional development for it in addition to the registered patent for several years. The essence of the technology itself is not only inconsistent with the existing common rules of physical science, but also does not match with L, which is a one-time term "non-powered power (the concept of producing energy, such as electricity without the input of the existing fuel)", which is the essence of the technology in question, and the machinery that H has developed a high pressure leading power generation of H is now dismantled and left at present, and eventually there was no ground or probability that the value of stocks will increase even if investors purchase G's stocks at KRW 15,000 from KRW 10,000.

Nevertheless, as above, the defendant deceiving the victim K and its deceiving from the victim K, i.e., delivery in cash of one million won for the purchase price of shares from the victim K, and as shown in the list of crimes in the attached Table, from that time, the defendant from that time to July 30, 2010.