logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2019.08.14 2019고단452
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 19, 201, the Defendant concluded that “The victim C’s office located in Yeonsu-gu Incheon Metropolitan City building B would pay KRW 20 million to the victim KRW 30 million in total by paying KRW 30 million after one month the victim transferred the victim’s share of KRW 20 million.”

However, in fact, the Defendant, upon receiving the shares of D from the victim, transferred the entire shares of the company to E through U.S., and agreed to conduct a new business in the name of U.S. and E and D. However, there was no specific plan to raise funds in the absence of securing a site for the business. Specifically, it was not possible to expect that a new business will be punished for more than KRW 50 million within two months through the new business because the business did not proceed, and there was no special property or income, while the Defendant personally bears a debt of KRW 35 million in the financial sphere, and there was no intention or ability to pay KRW 50 million to the victim as agreed, even if the victim acquired the shares as above.

Nevertheless, the Defendant, by deceiving the victim and taking over 20% of the shares of D Co., Ltd. owned by the victim from the victim, acquired the pecuniary profit equivalent to KRW 50 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of stock transfer contracts, copies of financial transactions, copies of financial transaction statements and inquiries, and Acts and subordinate statutes on credit information replys;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud (the type 1] below 100 million won.

arrow