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(영문) 서울남부지방법원 2017.06.16 2016고합616
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall pay 500,000,000 won to the applicant D for compensation, and 145,000.

Reasons

Punishment of the crime

[criminal records] On January 7, 2016, the Defendant was sentenced to one year of suspended execution on June 24, 2016 due to the obstruction of exercise of rights by the Seoul Central District Court, and the judgment became final and conclusive on June 24, 2016.

[2] The Defendant introduced himself to the victims as the representative director of the “H” on the 22th floor of the Yeongdeungpo-gu Seoul Metropolitan Government G building, thereby attempting to acquire money from the victims through a public offering investment.

1. On October 5, 2016, the criminal defendant against the victim E may sell the above public offering share if he/she pays the victim the amount of KRW 28,000 per share (14,500 per share) to the victim under Article 907 of the I building in Yeongdeungpo-gu Seoul Metropolitan Government, and the victim under Article 28,000 per share.

“Falsely, I have drawn up the “W public-private partnership agreement” with the victim to the effect that it will transfer 10,000 shares to the victim and J. J.

However, the facts revealed, however, that “H” is a company that does not actually operate, and the indictment states “H does not exist.” However, according to the evidence duly adopted and duly examined by this court, H can be recognized as a company that does not actually engage in business, such as closing the Hong Congo’s office on October 9, 2015, and even if recognized as above, there is no risk of actual disadvantage to the suspect’s exercise of his/her right to defense. Thus, the indictment is corrected ex officio without changing the indictment.

The 22th floor of G building with the above company office is the office leased under the name of K, and the written indictment states that “the 22nd floor of the above G building with the above company office is the most advanced office and the overseas investment company is the most advanced office.” However, according to the evidence duly adopted and examined by this court, the above office can be recognized as a fact that it is the office leased under the name of K, which is not the H office, but the office is not the H office, and even if it is recognized as such, the suspect's defense right is exercised.

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