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(영문) 의정부지방법원 2017.07.27 2015고합71
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Imprisonment with prison labor for a crime of No. 1 and No. 2 in the judgment of the defendant, and for a crime of No. 3 in the judgment of the defendant, each one year shall be punished.

(e).

Reasons

Punishment of the crime

On October 12, 2006, the defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul Southern District Court of Seoul, which became final and conclusive on December 11, 2008.

"2015 Gohap 71"

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E was the representative director of the Gangnam-gu Seoul Metropolitan Government F-gu Seoul Special Metropolitan City F-type Bank Co., Ltd. from November 2007 to July 2008.

On February 26, 2008, the defendant, at the above-mentioned Dispute Resolution Office, requested the victim E to increase the capital for consideration at a price lower than the current market price. Accordingly, the defendant will delegate the right to share 200,000 shares of the G Co., Ltd. as security.

“A false statement” was made.

However, even if the defendant receives the payment for the capital increase from the injured party, the defendant did not have any intention or ability to increase the G stocks with compensation.

The Defendant, by deceiving the victim as such, received the transfer of KRW 1,00,000 to the H-based corporate bank account designated by the Defendant as the price for capital increase to KRW 416,320 per share of the same day from the injured party, in which the Defendant received the transfer of KRW 1,00,000 from the H-based corporate bank account designated by the Defendant.

"2015 Gohap 110"

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim I, from November 2007 to July 2008, the representative director of the Gangnam-gu Seoul Special Metropolitan City F-gu Seoul Special Metropolitan City F-gu.

On April 23, 2008, the Defendant may make a profit-making amounting to KRW 1,500,000,000 until April 23, 2009, when the Defendant participated in the increase of the capital of the G in return for the settlement of disputes in the above office of the company for the settlement of disputes.

If the stock value falls short of KRW 1,500,000,000, it will pay KRW 1,500,000 in cash.

“.......”

However, even if the defendant receives a monetary increase from the injured party, he did not have the intent or ability to provide the injured party with the profit according to the above promise or to repay the 1,500,000,000 won in cash.

The Defendant is identical to this.

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