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(영문) 부산지방법원 2015.10.08 2015고단941
사기
Text

A defendant shall be punished by imprisonment for four months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 29, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Busan District Court, and the judgment became final and conclusive on May 14, 2015.

On August 1, 2012, the Defendant acquired 625 shares of the total amount of 2,500 shares, total amount of 62,500 Paint (Korean approximately KRW 1,500,00) in 15,625 Paint (Korean approximately KRW 375,00) when establishing “G” (hereinafter “G”), along with F on August 1, 2012. Since there was no particular business performance in G, the Defendant did not have the ability to deliver profits or other money to the acquirers of shares.

Nevertheless, around February 25, 2013, the Defendant, at the G office located in Mean H 601, made an investment in 10 million won at the time of the establishment of the G (37 years of age) to the victim E (hereinafter referred to as the “G”) who became aware of through the website, and acquired the shares of 25 percent at the inside of 10 million won (hereinafter referred to as the “G”), and then acquired the shares of 10 million won in 100,000 Scin (Korean KRW 25 million) as activity expenses, he/she acquired the shares of 40,000 Scin (Korean KRW 1,000,000) in the name of the Defendant’s wife as stated in the attached list of crimes, including the remittance of KRW 2,672,00 from the Defendant’s account in the name of the Defendant’s wife on the same day, and acquired the shares of 609,000 won in the aggregate, such as the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E andJ;

1. Partial statement of the witness F in the court;

1. Statement to the prosecution of I;

1. Investigation report (Submission report of suspect's I reference material);

1. Statement on the results of transfer management, a certificate of certification, and the articles of association of each G;

1. Previous convictions in judgment: Application of a copy of the judgment and case search statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Special cases concerning the dismissal of an application for compensation, the promotion of litigation, etc.;

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