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(영문) 서울중앙지방법원 2016.10.14 2016고합416
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for four years and for four years and six months, respectively.

Reasons

Punishment of the crime

1. The Defendants related to the public offering, together with G, H, I, J, K, K, L, M, etc., deposited investment funds in the securities account, and then purchased shares by borrowing funds from the Scock L loan companies with the above deposit funds as collateral, and by again providing the purchased shares and the balance of deposit deposits as collateral, and then converting the above stock purchase funds into the 2-3-month loan products through a lending brokerage company, such as a savings bank, a capital loan, etc., by acquiring the so-called "Scock loan," the collateral ratio [i.e., deposit evaluation amount)/loan x 100] from the stock purchase fund loan, where there is a high risk of the opposite trade due to a decline in the stock price / 10], the account can be used without disposing of the shares, if the stock purchase funds is converted into the securities as collateral products.

In addition, Sylon companies themselves broker the 'large exchange loan'.

In order to repay existing loans, the lending lending or lending brokerage company shall deduct the money from the repayment of the loan without using it for the repayment of the loan, or shall repay the existing loan with the advance payment and repay the advance payment with the new loan.

In order to acquire money by using the fact that the existing pledge right established on the securities account was terminated, but the new pledge right for the company is newly established until about 1 to 2 minutes, the new pledge right for the company is not provided as security, but by disposing of the stocks, etc. whose pledge right has been terminated, and by disposing of them.

Accordingly, G shall plan the whole crime and manage the whole process from the recruitment of participants in the crime to the distribution of profits.

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