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(영문) 서울중앙지방법원 2016.07.26 2013고단8359
사기
Text

Defendant

A and C Imprisonment with prison labor for one year and six months, and with respect to the crimes of No. 1 of the judgment of Defendant B, it shall be sentenced to one year and six months.

Reasons

Punishment of the crime

[criminal records] (Defendant B) on April 20, 2012, Defendant B was sentenced to a suspended sentence of two years for a violation of the defense justice in the Seoul Central District Court on the one-year period of imprisonment with prison labor for a violation of the defense justice, and the judgment became final and conclusive on July 21, 2012.

1. “Defendant A and B” (Defendant A and Defendant B) is a person engaged in real estate business, and Defendant B is a person who has no specific occupation.

Defendant

A, as an individual secretary of K at around November 2010, he/she owns M (N) share certificates 250 (50 million won per share value per share, 100 million won per share) from L around 1994 as a gift on around November 1994.

Defendant B was aware of his assertion.

However, from around 2009 to the N, the N sent a warning to the effect that “M’s sovereignty that is moving in time is altered or invalidated, and thus, the investors need separate attention.” Moreover, the validity of the M sovereignty held by Defendant B was not recognized, and even in the relevant lawsuit, the M sovereignty owned by Defendant B was not recognized, and thus, the M sovereignty owned by Defendant B was entirely non-property value.

Nevertheless, Defendant B was in need of cash for the repayment of living expenses and liabilities up to KRW 00 million, and Defendant A was well aware of the fact that there was no property value of the said share certificates as above, but at the time, Defendant B was in need of money such as living expenses, etc. due to bad credit standing equivalent to KRW 15 million.

On May 201, the Defendants knew the fact that the victim P, the principal lender of the above O's representative director, was trying to transfer the victim's shares and the right of management in order to seek a company in which the insolvent crisis is faced with no intention or ability to acquire the O's stock company, and conspired to acquire the money from the victim by using the victim's fluent address.

Defendant

B around May 26, 2011, the defendant A used the above MM share certificates in Japan.

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