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(영문) 서울중앙지방법원 2012.05.29 2011고합1527
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for one and half years; and

2. Provided, That with respect to Defendant A, it shall be applicable.

Reasons

Punishment of the crime

Defendant

On November 27, 2009, A was sentenced to a suspended sentence of two years for a violation of the Securities and Exchange Act at the Seoul Central District Court on the one year and six months, and the judgment was finalized on August 19, 2010.

Defendant

B On December 10, 2010, the Seoul Central District Court sentenced two years of suspension of execution to six months of imprisonment for fraud, which became final and conclusive on May 27, 201.

1. On September 29, 2008, Defendant A recommended the victim K to make an investment by stating that “O, a Chinese company, is a company that produces solar heat ion plates and racks, and the prospects of environment-friendly green business will be listed in the domestic stock market immediately after indicating the prospects of the eco-friendly green business. As the domestic corporation is taking charge of all business affairs related to the listing of Korea, it will promptly bring a large number of profits after listing the listed company’s stocks.” The Defendant’s mother P recommended the above victim to make an investment by stating that “The Defendant is responsible for the affairs related to the listing of stocks in Korea of theO, while the Defendant is taking charge of the affairs related to the listing of stocks in Korea of the O, he was able to hear the Defendant’s explanation and make an investment of stocks in the company.”

However, around that time, there was no preliminary review request for listing in the Republic of Korea, and investors were not recruited properly, and there was a very strong support for listing procedures, such as not being selected as a general supervisor, and there was no intention or ability to use the money received from victims as funds for listing in the Republic of Korea or for stock purchase price.

Therefore, the Defendant, in collusion with P, received the money from the above victim who believed the above horses as is, and acquired the money from the Defendant to the Defendant’s account on the same day.

2. Defendant B is a representative director of Q Q for the purpose of selling apartment units on behalf of others.

The Defendant, around April 2007, does not run a new apartment construction project from R (Operation of S Co., Ltd., hereinafter referred to as “S”).

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