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(영문) 서울중앙지방법원 2017.11.30 2017고단3930
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has served as a director in B, who is a producer of video synthetic equipment.

The defendant around December 1, 2009, at the above office of the company in Songpa-gu Seoul Metropolitan Government around December 1, 2009, "B is a company with high prospect," so the value of the shares will rise rapidly.

The shares are listed in 2,500 won per share.

“The purpose was to make a false statement.”

However, the defendant did not have the intention or ability to sell the above shares of the company.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) transferred money of KRW 25 million in the name of the purchase price for 100,000 shares of the said company to the new bank account (F) in the name of E on the same day from the victim who is affiliated therewith.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made in relation to G or D;

1. Complaint;

1. Application of Acts and subordinate statutes on acquisition of stocks, details of passbook transactions, certificates of all the registered matters, and details of passbook transactions;

1. The reason for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] of the basic area (from June to January to June) (the person subject to special sentencing] of the category 1 (the scope of less than KRW 100 million) of the general fraud [the person subject to special sentencing] [the decision of sentencing] has not been recovered even though the amount of damage is considerable amount of damage, and the defendant has a record of having been punished several times for the same kind of crime, it is inevitable to sentence the defendant to

However, the sentencing conditions stated in the arguments of this case, such as the defendant's confession of the crime of this case and the fact that there is no record of punishment more than a suspended sentence, and the defendant's age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered by considering all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.

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