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(영문) 서울중앙지방법원 2014.04.03 2013고합1294
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who served as the former owner; C, upon D’s instructions, has served as a term “pre-paid” to the Defendant; and C, has engaged in practical conduct such as selling stocks; D, a person who resides in the Philippines as a designated receipt of orders and has given various instructions to C, etc. while living in the Philippines; and E is a bond business operator who has leased money by receiving stocks from the Defendant, C, etc.

In collusion with C and D, the Defendant did not keep the share certificates as a collateral and did not dispose of them in the stock market as a collateral, and acquired profits corresponding to the difference between the principal and interest of the loan. On July 2012, 2012, the Defendant: (a) on the behalf of the Defendant, who was under the name of “F”, made the Defendant enter into a contract between D and the Defendant, victims, or E by receiving various instructions from D while taking advantage of the name of “F” as the employee of the Defendant, and (b) made the Defendant enter into a contract with the Defendant, victims, or E, and paid the price according to the instructions.

1. Around July 13, 2012, the Defendant entered into an agreement with the Defendant on a stock security loan agreement with the content that the said share certificate offered as security to the Defendant and sold and disposed of at least KRW 550,000,000,000 (hereinafter “H”) of H Co., Ltd. (hereinafter “H”)’s market price at KRW 838,550,000 per share at a coffee shop where the trade name on the first floor adjacent to the building of J Co., Ltd.’s K branch located in Gangnam-gu Seoul, Gangnam-gu, Seoul. (i.e., the market price of KRW 590,00 per share) cannot be known.

After the conclusion of the above share loan agreement, the defendant is in the K branch office of the J company with the sixth floor of the above building on the same day as the bond company, and C is in the name of "F" and the defendant is in the employment of the defendant, and the defendant is in the victim G.

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