(영문) 서울중앙지방법원 2018.05.03 2018고단527

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(영문) 서울중앙지방법원 2018.05.03 2018고단527

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 2015, the Defendant had access to the victim C and D, and had been willing to acquire money by deceiving the transfer of shares in E (the head office of Ff franchise restaurant) that the Defendant operated by the Defendant.

around June 2015, the Defendant concluded that the victims would immediately transfer 50% of shares E, a corporation, the head office of the F Act, to the victims at the five-story office in Jung-gu Seoul, Jung-gu, Seoul, stating that the Defendant would transfer 50 million won of shares to the victims.

However, the defendant had been in the same business since its establishment.

Although H’s 20% of the total share of 40% of H’s 40% of the total share was delegated to the victims, it was planned to create a total of 50% of the 50% of the shares and transfer it to the victims, and even if H was delegated with the terms of “the condition that a person who invested in the investment to acquire shares should receive the company’s operating funds in addition to pure share transfer proceeds,” these important circumstances were concealed from the victims, and there was no intention or intent to return the shares received from the victims if the shares were not transferred due to the financial situation of the Defendant.

Around June 23, 2015, the Defendant received KRW 20 million from the victims to the Agricultural Cooperative Account under the name of the Defendant, and acquired KRW 30 million in total by transfer to the same account around June 30, 2015, and acquired KRW 50 million in total as the purchase price of stocks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to D and H

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (in light of the fact that agreement has been reached with the victim and that there has no same power as the victim);

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제347조 제1항

유사 판례

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-서울중앙지방법원 2016.02.18 2014고단7079