특정경제범죄가중처벌등에관한법률위반(사기)등
1. Three years of imprisonment and three years of imprisonment with prison labor for each of the crimes listed in the holding No. 2 of the judgment of Defendant A.
Punishment of the crime
Defendant
On September 30, 2009, A was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and the judgment was finalized on October 8, 2009, and on July 1, 201, the Seoul Central District Court sentenced ten months to imprisonment with prison labor for a violation of the Securities and Exchange Act at the Seoul Central District Court on July 1, 201, and the judgment became final and conclusive on November 10, 201.
[2012 Gohap1175]
1. Violation of each Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant A;
A. On June 16, 2009, the Defendant: (a) at the office of law firm I located in Gangnam-gu, Seoul, through J attorney-at-law, the agent of the victim K (hereinafter “K”) in order to take over the M (hereinafter “M”) of the victim K Co., Ltd. (hereinafter “K”), the Defendant needed KRW 19 billion to take over the above company; (b) would lend the acquisition fund to the above company; (c) would deposit KRW 1.9 billion in the Ecro as a performance bond for the underwriting contract, the entire acquisition price will be lent; and (d) if the underwriting contract is nonexistent, the performance bond kept in the Ec account will be immediately returned.”
However, even if the defendant received the performance guarantee from the victim, he was planned to immediately withdraw it and borrow bonds to raise funds for acquiring another company, and was not prepared as a loan cycle for the victim. However, the victim did not have any intent or ability to immediately return the performance guarantee in the account in Sk if the contract was concluded by lending the said 19 billion won to the victim or the contract was executed without fault.
Nevertheless, on June 22, 2009, the Defendant, by deceiving the victim as above, received a remittance of KRW 950 million in the name of the performance guarantee from the victim to the B attorney-at-law account designated by the Defendant from the victim to the Eck account, and fraudulently acquired it.
B. On September 1, 2009, the Defendant continued to do so.
(2) at the same place as subsection (3).