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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. The Defendant was a professional investor in the shares-related business in the past, and was known to the victim F and the victim G.
The Defendant, on December 2009, issued shares to the victims of the incident, as the “(State) E is going to the next large number of shares.”
In terms of damages, damages will be liable for the amount of damages.
“Along with the Defendant’s explanation, the victim F, who believed it, sold approximately KRW 64,689 shares in the ECE Co., Ltd., and approximately KRW 380,000 to the victim G, approximately KRW 283,032 shares in the amount of KRW 380,000,000, but the share price continued to decline later, unlike the Defendant’s explanation.
The defendant, around February 2010, requested the victims to pay damages due to the decline in the stock price of the Co., Ltd. in the Seoul Yang Jae-dong, from the victims, will return the Co., Ltd. to the principal (the purchase price) of the Co., Ltd. on a real basis.
The phrase “ makes a false statement.”
However, the defendant did not have the intention or ability to pay the principal of the purchase of stocks even after the defendant received the stocks in real form from the victims.
As seen above, the Defendant: (a) by deceiving the victims; (b) received from the victim F the share of approximately KRW 44,689,000,000 from the victim F; and (c) approximately KRW 380,000,000 from the victim G the share of KRW 283,032 of the same day.
2. As evidence consistent with the facts charged in the instant case, there is a statement in the investigative agency of the victims and in this court, and a statement in the Defendant’s writing stating that “F shall receive the stocks of 327,720 shares from the company (hereinafter “the company of this case”) and to repay the principal amount of 440,000,000 won after selling the stocks, but failed to repay.”
However, the following circumstances acknowledged by the records of this case, i.e., victims have not purchased the shares of this case in their own name, and ii victims.