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(영문) 수원지방법원 여주지원 2019.06.20 2019고합16
특정경제범죄가중처벌등에관한법률위반(사기)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 7, 2010, the Defendant, at the office located in the office of the Gangnam-gu Seoul Shindong (Seoul) (hereinafter referred to as "Saman"), stated that "B is well aware of the entire Chairperson D, and is separate from its executives," and that C Company, in violation of the instructions of the Governor of the Financial Supervisory Service, should compulsorily sell E shares. Therefore, C Company, in violation of the instructions of the Governor of the Financial Supervisory Service, agreed to acquire all E shares held by C Company from D Chairperson at a very low price. The acquisition amount is KRW 4.5 billion and the total acquisition amount is KRW 4.5 billion. Upon the completion of the acquisition of E shares, F Company F will be converted into F Company to F Company and return the principal of the investment."

However, the defendant did not have agreed to acquire E shares from the D Chairperson, and F was a corporation in a state of suspension of business outside the defendant, and only thought that the amount received from the victim was used as personal debt or living expenses, and there was no intention or ability to acquire E shares.

Nevertheless, on July 14, 2010, the Defendant received KRW 100 million from the victim to the national bank account (G) in the name of the F Co., Ltd. on the pretext of the acquisition of shares, and from that time, received KRW 760,000,000 in total over 13 times from January 20, 2012, as shown in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement No. B in the police interrogation protocol of the accused (second, second, and replacement);

1. The police statement concerning B;

1. Investigation report (Confirmation ofH counterpart, E, etc.);

1. The details of each account, the certificate of borrowing and certificate of confirmation, the certificate of borrowing, the certificate of borrowing money, the agreement on the confirmation of borrowing and the offer of security, and the acquisition and management of investment advisory services; and

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