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(영문) 서울중앙지방법원 2012.08.24 2012고합62
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

From February 9, 2007 to June 18, 2007, the Defendant was the representative director of E (E) Co., Ltd. (F., Jul. 24, 2007; hereinafter “E”) from February 9, 2007 to June 18, 2007.

The representative director of G Co., Ltd. (hereinafter “G”) and H (hereinafter “H”) and the victim I, a major shareholder of G, need to use the company’s operating fund around 2006. However, the Defendant, who was aware of these circumstances, was willing to use the company’s stocks for raising the acquisition fund that the Defendant intends to acquire at the time of lending the company’s stocks.

On January 19, 2007, the Defendant prepared KRW 8.5 billion for the acquisition fund of E, which is a COS-registered Business, at the office of the Seocho-gu Seoul High Court (hereinafter “J”) (hereinafter “J”), and concluded that the Defendant would provide funds with a loan of KRW 2,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, on December 11, 2006, the Defendant had already borrowed KRW 1.5 billion from the bond company at the first maturity of December 11, 2006 and has been urged to repay the borrowed amount. The Defendant had no specific income or cashability assets, and there was no intention or ability to return the borrowed G stocks within 4 months, or to repay the borrowed stocks in cash, etc.

As above, the Defendant, by deceiving the victim and deceiving the victim from the victim, obtained 2 million shares of G shares at the market price of 3.8 billion won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, K and L;

1. Part of the Defendant respectively;

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