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(영문) 수원지방법원 2018.06.05 2017고단8035

사기등

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. "2017 Highest 8035";

A. The Defendant against the victim D is entitled to offer stocks as security by using the fact that the adequate stock price was not formed formally, unlike listed stocks, and thus the information and price of the stocks is distorted. The Defendant may issue a certificate of non-issuance through a stock transaction contract, etc. prepared between the parties, and transfer only in the name of the parties, and the procedure is relatively small.

The purpose of this article was to acquire money by fraud.

On April 2016, the Defendant posted a notice on the “E” bulletin board, a website for the trading of unlisted stocks, that the victim D wishes to purchase the “PSI’s shares of “PSI’s personal information,” which is a foreign emergency business entity, to sell the shares to the victim.

Although the victim did not show the authority over the shares, the stock transaction was not a scarcity because the price of the shares was first set in advance.

After that, on May 18, 2016, the Defendant lent KRW 300 million to the victim at G Camping office located in the Young-si Forest F, which is located in the G Camping office in the Young-si Area F on May 18, 2016.

7.To pay up to 31. to 31. It will give 50% of the proceeds.

It was difficult for the Company H to indicate that the price per stock of the Company was KRW 61,500 at the current market price, which is KRW 61,500,000 at the market price, and if the Company has paid the money in full with the money that is paid in the amount of KRW 300,000 as security, it will be exempted from returning the shares.

In addition, the PSI’s personal shares equivalent to KRW 2 billion have also been held, and even if an investment is made, the investment amount of KRW 300 million is not likely to be detached.

However, the Defendant, at the time of stock investment, failed to perform his/her obligation in the amount of KRW 140,000,000, and was urged by other investors to pay reimbursement, and H (hereinafter “H”) around September 2015.