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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1 (1) The victim I who misleads Defendant 1 (hereinafter “victim”).
JJ Co., Ltd. (hereinafter referred to as “J”).
With knowledge of the fact that it is difficult for the financial situation and the listing of the overseas being promoted may delay, investment KRW 400,000 in the form of a trust in the name of the defendant to believe the technical power and development potential of J and purchase the shares of J.
The act of deception was not conducted, and there was no intention to obtain fraud.
(1) The punishment of the lower court is too heavy.
B. The Prosecutor’s sentence to the lower court is too minor.
2. Determination
A. In full view of the following circumstances, the grounds for finding guilty, which were revealed by the lower court and the evidence investigated by the appellate court, the lower court appears to have committed deception as stated in the facts charged, and had dolusence in the fraud.
(1) On September 8, 2011, the victim entered into a “titled trust agreement” with the Defendant, the chief financial officer of J, N, the chief financial officer (the weak of the CFO Whitef) and theO in charge of attracting investment and remitted KRW 400 million to the Defendant’s bank account.
There was no document other than the “stock trust agreement” and the “certificate of non-issuance of stock certificates” attached to the receipt of investment funds.
The main contents of the “stock trust agreement” are as follows.
Article 1 subparag. 2-3 of the Trust Act provides that the injured party shall purchase 15,811 J shares from the Defendant, and the injured party shall exercise his/her rights as a shareholder, such as the right to vote to attend a general meeting of shareholders, the right to receive new shares, and the right to claim dividends. The accused shall not transfer the shares entrusted to him/her, set up a security, etc., and at the victim’s request, return the shares and open statement shall be made. Article 4-5 of the Act. The Defendant shall list V (tentative name) that is scheduled to be established by J by the end of 2011 when the injured party proves the shares overseas.