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(영문) 서울중앙지방법원 2017.10.12 2017고단4535
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 7, 2006, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court, and was released on October 26, 2007 in Seoul Detention Center on parole on the execution of the sentence and the parole period expired on November 19, 2007.

【Criminal facts, the Defendant, as the actual operator of D and E, and around February 25, 2010, at the office in Gangnam-gu Seoul Metropolitan Government F Building 19th floor, he acquired another listed company through M&A, thereby making a big profit if he/she will list the shares of H (500 won per face value) in the way of rounding.

In addition, since the end of 2010 up to 6,000 won, more than 2 times the earnings come from the end of 2010.

If no profits accrue, the company will purchase shares again from the company to the principal of the purchase.

“.....”

However, at the time, the value of H’s shares was excessive to KRW 1,150, and it was uncertain that H’s listing was not finalized and thus, until the end of 2010, it was not clear that H’s share value would increase as above. Moreover, the Defendant did not have any intent or ability to re-purchase H’s shares with the principal purchase because it was insufficient to use funds as operating expenses of the company.

In addition, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3,00,000 from the victim on February 25, 2010 as the purchase price for H’s shares 1,000 shares; and (c) received KRW 336,080,000 from February 9, 2010 to June 25, 2010 on a total of 65 occasions as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made by the police against G, K, L, or M;

1. A complaint and attached evidentiary materials;

1. A investigation report (a warrant for tracking a financial account);

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