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(영문) 서울중앙지방법원 2020.02.14 2018고합1035
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. Around June 2016, the summary of the facts charged in the instant case concluded that “The Defendant would have the victim C (hereinafter “victim”) purchase the shares owned by the major shareholder D at a price lower than the market price at the Defendant’s office located in Seocho-gu Seoul Metropolitan Government B and fourth level.”

However, even if the defendant received the purchase price of the shares from the victim, he thought to use the shares in another place, and the victim did not have the intention or ability to purchase the shares of D in 11,000 won per share.

On June 21, 2016, the Defendant was issued KRW 200,000,000,000 by cashier's checks on June 21, 2016, KRW 50,000,000 by the cashier's checks on June 22, 2016, KRW 150,000,000 by the account of a corporate bank (F) in the name of E used by the Defendant on June 23, 2016, KRW 50,00,000 by cashier's checks on July 13, 2016, and KRW 50,000,000 by cashier's checks on August 19, 206, respectively.

(hereinafter referred to as “each of the instant money,” in which the Defendant, by deceiving the victim, received property of KRW 500 million in total.

2. Summary of the defendant and his defense counsel

A. Of the instant money, KRW 200,000,000 (hereinafter “instant money”) on June 21, 2016 (hereinafter “the instant money”) is the name of investment in the call option right of G Convertible Bonds Co., Ltd.; KRW 50,000,000 (hereinafter “instant money”) on June 22, 2016 for the cost of concluding a memorandum of understanding related to H where good reputation lies; KRW 150,000,000 (hereinafter “the instant money”) on June 23, 2016 for the acquisition price of I Co., Ltd.; KRW 50,000,000 (hereinafter “the instant money”) on July 13, 2016 for the criminal agreement amount; KRW 50,000 on August 19, 2016; and KRW 50,000,000 (hereinafter “the instant stocks purchase price”).

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