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(영문) 서울중앙지방법원 2017.07.18 2016고단1389
사기
Text

Imprisonment with prison labor for the crimes of No. 1 and No. 2 in the judgment of the accused, and for the crimes of No. 3 in the judgment of the accused, each of the two years and six months shall be punished.

Reasons

Punishment of the crime

On March 27, 2013, the Defendant was sentenced to imprisonment with prison labor for two years at the Seoul Central District Court for fraud, and the judgment was finalized on June 29, 2013.

1. The defendant was a representative director of B Co., Ltd. (hereinafter referred to as “B”), and was on October 2009 as B’s business office.

C It is expected that ‘B' is a company that has developed the innovative electric saving device and is expected to be supported by the government, so it is highly expected that B will be listed in the future.

“A company is economically difficult, and there is a need for money in the place where the office will be located to order” or after two to three weeks.

After the phrase “B”, the Plaintiff asked to raise funds necessary for the operation of B by providing that “B shall be transferred to KRW 800 per share under its security, but if B is not listed by December 31, 2010, it shall be purchased at KRW 2,000 per share.”

However, as at the time, B had no possibility of meeting the requirements for listing on the KOSDAQ, and did not proceed with specific procedures such as accepting a listed company for the purpose of bypass listing, etc., B was unlikely to be listed on the KOSDAQ market. Therefore, as at the time, there was little possibility that B would be listed on the KOSDAQ market. Accordingly, it was limited to approximately KRW 26 million in sales, KRW 29 million in operating losses, and KRW 1,200,000 in net profit per month.

B with the financial standing of December 31, 2010, if B is not listed until December 31, 2010, the possibility of purchasing KRW 2,000 per share was nonexistent.

On December 2, 2009, C believed the Defendant’s speech and behavior as it is, at the office B located in the Seocho-gu Seoul Metropolitan Government D D Building E, the victim F who visited the place as it is, and agreed to transfer the Defendant’s speech and behavior at KRW 262,50 million per share by calculating the amount of KRW 800 million per share of B shares in the name of the victim and the Defendant’s father’s father, and trusting the Defendant’s speech and behavior and listing on the KOSDAQ.

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