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(영문) 서울남부지방법원 2014.06.16 2013고단4427
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for two years, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

[Criminal Power] On July 3, 2012, Defendant B was sentenced to a suspended sentence of two years for the purpose of fraud at the Suwon District Court Ansan Branch on July 3, 2012, and the said judgment became final and conclusive around that time.

【Criminal Facts】

Defendant

A is a person working in the position of the director of the Seoul Guarantee Insurance, the director of the Seoul Southern Regional Headquarters, the defendant B is a relative with the defendant A, and the defendant H is a successor to the society of the defendant B.

Defendant

B around July 2013, 2013, the KON Co., Ltd. (10,000 share certificates, 150,000 share certificates, 1.50 share certificates per each sheet) proposed that Defendant A, who had worked as the head of the headquarters in the Seoul Guarantee Insurance area, will be aware of the person who borrowed money as security by pretending to be a real share certificate and offering it as security and borrowing money, and that Defendant A, who had worked as the head of the headquarters in the Seoul Guarantee Insurance area, will be aware of the person who borrowed money as security.

On the other hand, Defendant B and H had concerns over the forgery of 15 KON’s 15 KON certificates, and Defendant A had to pay and recover the borrowed money within three months without the permission of the owner of the actual share certificates. As such, Defendant B and H did not bring the borrowed money into the securities company, it was necessary to grant the loan on the condition that H used temporarily without the permission of the owner of the share certificates.

After all, around August 1, 2013, Defendant A received the victim F through Defendant B’s request from Defendant B, who was his own seat, and the victim promised to lend money to the KON Co., Ltd. as collateral.

1. Defendant B

A. On August 2, 2013, at the K hotel parking lot located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant sent 15 copies of the forged 15 stock certificates to A as real stock certificates, stating that “A is the stock certificates of the Chairperson H, who is a vegetable son, who knows well within the Republic of Korea, is the stock certificates of the Chairperson H, who is a vegetable son, and the share certificates of which are the principal owner, and the Defendant made a false statement.”

(b).

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