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(영문) 서울중앙지방법원 2014.10.30 2014고합395
특정경제범죄가중처벌등에관한법률위반(사기)
Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

Reasons

1. The summary of the facts charged is that, around July 22, 2011, the Defendant purchased shares from July 2010 to August 201, 201, at the F office of the Defendant’s operation of Sungnam-si E (C) Dong 401, the Defendant purchased shares of DBS Korea Co., Ltd. (hereinafter “DBS”) from July 201 to August 201, at the recommendation of the Defendant that the share price would come to fall, and that he/she signed a signature on his/her own as a witness after: “DBS shares will be sold within one month from 600 won per share if the DBS shares would be sold to B, and if sold in excess of 600 won per share, 50% of the amount will be sold to Korea with 600 won per share; and H, together with the Defendant, had H prepare a certificate of custody of shares 4 million won in the name of H.

The Defendant, as of the same day from G in trust, i.e., the DBS shares owned by G, i.e., the same day, and 2.5 million U.S. shares issued a share certificate of approximately KRW 1.24 billion in the aggregate market value of G (306 won per share) by having H and I receive a share certificate of KRW 1.5 million from C-type hotel located in Jung-gu Seoul, Jung-gu, Seoul. 200 million shares of KRW 1.24 billion in the aggregate market value (306 won per share).

However, at the time, the Defendant was investigated by the Financial Supervisory Service due to the DBS S S’s manipulation, and even if he received the DBS’s share certificates from G, he did not have the intent or ability to sell them at a higher price, and the Defendant was willing to assign the bond company the share certificates to the bond company and redeem them in the bond market.

Accordingly, the defendant deceiving G and acquired the property by deceiving it.

2. The Defendant’s assertion DBS stocks were introduced to the G that took part in the damage caused by the decline in the stock price, and the sales of at least 600 won per stock within a month shall be sold within at least 1 month, and there was no fact that he/she concluded that he/she received 4 million stock from G from G or shared the sales profits with him/her, and there was no intention of deception and fraud.

3. Determination.

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