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(영문) 서울중앙지방법원 2017.06.29 2017고단2056
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 2016, the Defendant received a proposal from the victim G who was aware of the above C as outside directors of Seoul, Gangnam-gu E and the first floor (State) F Office in the Seoul, Gangnam-gu, and from the victim G who was aware of the said C and had worked as outside directors and had been working in the Korean D D Office with the knowledge of the Korean law well, thereby making it possible to prepare a written contract or attract investment in the company later, as the Defendant had well known of the Korean law.

However, in fact, the defendant was not a lawyer in Newland, but was not a lawyer in Newland, and even if he was appointed as an outside director, he did not have the intention or ability to attract many investors except for several people who are the defendant's will.

Defendant deceiving the victim as above, and acquired 20,000 shares of (1,145 won per share, market price of 229,000,000 won) of F in return for the appointment of outside directors and the attraction of investors from the damaged party. On March 7, 2016, the Defendant got the victim into the Samsung Securities Account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the H substitute part);

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes on transaction confirmation and account transaction details;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (the amount of a punishment shall be not less than one hundred million won, but less than five hundred million won) basic area (one year to four years) (no person subject to special sentencing)

2. The fact that the defendant recognized the facts charged and reflected in the decision of sentencing, the defendant has no record of punishment before the crime of this case, the amount of damage is not much recovered, and the defendant is adjacent to this case.

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