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(영문) 수원지방법원 2017.08.09 2016고단6705
사기등
Text

Defendant

A Imprisonment with prison labor for each of the 2016 Highest 6705 cases, the Decision 2016 Highest 8295, the Decision 2016 Highest 8295.

Reasons

Punishment of the crime

[criminal record] On January 16, 2015, Defendant A was sentenced to six months of imprisonment with prison labor and two years of suspended execution for occupational embezzlement in the Daejeon District Court’s Branch of the Daejeon District Court, and the above judgment became final and conclusive on January 24, 2015.

[2] Defendant A is the representative director of P Co., Ltd. (hereinafter “P”), a non-standing company, and D is the vice-chairperson and the actual operator of Q Co., Ltd., Q Co., Ltd., a non-standing company; C is the representative director of the above company; and B is the vice-president of the above company.

In fact, the Defendant did not have any particular income and property at the time of July 2013. The Defendant’s management P also did not have any net loss of KRW 3.55,586,818 in the year 2012, and the Defendant’s management P also paid 1.82,422,914 in the year 2013 to the extent that the net loss of KRW 1.82,914 in the year 2013 was not adequate, and the Defendant’s shares (the par value of KRW 5,00 per share) were sold at KRW 50,00 per share to many and unspecified persons, such as RR, victims S, victims T, U.S., and victim N, and sold the sales proceeds at KRW 50:50 per share to the victims, but there was no intent or ability of the investors to purchase the shares to purchase the shares with respect to the amount received as the shares from the victims.

Nevertheless, on July 31, 2013, the Defendant stated that “If the Defendant purchases 50,000 won per share of P (5,000 won per share) from the office located in the second floor of Q in Gangnam-gu Seoul, Seoul, through Q’s invitation of investors, the Defendant would purchase the said shares without any molding the interest of 10% per annum on the purchase price of the investors’ shares in P, the Defendant would purchase the said shares at the purchase price if the investors so desire.”

The defendant as above.

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