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(영문) 서울중앙지방법원 2016.09.30 2016고합136
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

[Defendant A] As to each of the crimes of the 2016 senior 136 cases in the judgment of Defendant A, Defendant A is punished by imprisonment for five years, and the judgment of 2016 senior 565.

Reasons

Punishment of the crime

[criminal record] On November 24, 2014, Defendant A was sentenced to a suspended sentence of one year of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on December 2 of the same year.

[2016 Gohap 136]

1. Defendant A

A. On September 25, 2015, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E, sought 20,000 shares of non-listed shares issued by Green Cross E in the G coffee shop in Gangnam-gu Seoul Metropolitan Government F1st on September 25, 2015.

Done an agreement to sell 20,000 shares of Green Cross Co., Ltd. to the victim for sale in 15,000 won per share.

However, the Defendant did not hold the shares of Green Cross, and did not have the ability to purchase and sell shares from those holding the shares of Green Cross Co., Ltd., and purchased shares from those holding the shares of Green Cross.

The Defendant, as seen above, received KRW 40 million from the victim as the down payment in the bank account (Corporate Bank H) account in the name of the Defendant on the same day from the victim, and received KRW 40 million from around that day to November 26, 2015, and acquired KRW 1,050,000,000 in total from the victim under the name of KRW 70,000,000,000 from the victim under the name of KRW 70,000 as the sum of the shares issued by Green Cross-Woo in the attached Form No. 1, 2015.

B. On October 15, 2015, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim I, sought 10,000 shares of non-listed shares issued by Green Cross Co., Ltd. to the victim I at the coffee shop as stated in the preceding paragraph.

Done a contract to sell 10,000 shares of Green Cross Co., Ltd. to the victim for sale in 15,000 won per share.

However, the Defendant did not hold the shares of Green Cross, and the Defendant did not hold the shares of Green Cross.

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