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(영문) 수원지방법원 2015.12.21 2015고단3719
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant filed a complaint on the grounds that the Defendant infringed on the industrial secrets of the Company (States) H and (States) prior to the KI’s representative director, by means of sending an e-mail by phone call to the victim F and G at an insular location. The Defendant sold 114,00 shares of the Company (States) and 28,500 shares held by the F to the Asian Pacific Venture Investment Association for the purchase of shares held by the Party (States) and 114,00 shares, and 28,500 shares, which are held by the Party (States) to the Pacific Venture Investment Association for the purchase of shares held by the Party’s father at an insular location at 2.2 billion won, and then substituted the F-owned shares offered as security to C Venture Capital with 190,000 shares owned by the Party’s father, the Defendant would make a false payment to G 200,000 won, 200 shares under this condition.

However, even if the victims were to dispose of the shares of the J in order to prepare the agreement amount, the victims did not have the intent or ability to purchase the factory site owned by the father of the victims, and 190,000 shares of M to offer as security or to pay the total amount of 285,00,000 won to the victims, which is the amount equivalent to the purchase price of the shares.

Around December 18, 2012, the Defendant: (a) deceiving the victims; (b) had the victim FF transfer the victim’s share of KRW 228,00,000 in total amount of KRW 228,000; (c) had the victim G transfer the victim’s share of KRW 57,00,000 to the Asia-Pacific Venture Investment Association that was designated by the Defendant respectively; and (d) around that time, the said investment association transferred the same amount of KRW 285,00,000 from the said investment association to the account bank under the name of J to transfer the share of KRW 285,00 in total amount of KRW 285,00.

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