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(영문) 서울중앙지방법원 2015.09.04 2015고합205
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment for five years, and Defendant G shall be punished by imprisonment for four years.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

The Defendants offered to acquire profits equivalent to the difference between the market price of secured stocks and loans by immediately selling stocks at a higher price in the stock market without keeping the stocks as collateral, unlike the agreement, after lending money to the company that intends to obtain a loan as collateral and receiving stocks as collateral.

On December 2, 2014, the Defendants stated that “The victim would lend KRW 1.5 billion to the representative director of Jung-gu Seoul Central Bank, Jung-gu, Seoul, that “the victim would provide Dalian Co., Ltd. (hereinafter referred to as “ Dalian”)’s stocks as security” to J. 1,50,000 won.

However, in fact, the Defendants planned to immediately sell the shares offered as security to the stock market, and did not intend to keep the said shares as security.

After the Defendants paid KRW 1.5 billion to the victim as a loan, the Defendant G received the card, seal, and password from the victim J, and Defendant G transferred, around 13:37 of the same day, KRW 600,000 from among the 1.5 million shares of DNA shares (hereinafter referred to as “instant shares”) entered into the victim’s interest-based investment securities account at the same location as the name-based investment securities located in Jung-gu Seoul Metropolitan Government (hereinafter referred to as “instant shares”), to Defendant A’s interest-based investment securities account (Account Number: L), and the remainder of KRW 90,00 from Defendant G’s interest-based investment securities account (Account Number: M).

As a result, the Defendants conspired to deception the victim and acquired the shares of this case equivalent to KRW 3,127,50,000 in the market price owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness J, N,O, and P;

1. An accusation, a letter of loan for consumption, a special agreement, a certificate of confirmation, a certificate of stock admission, a certificate of stock withdrawal, each letter of confirmation, each letter of confirmation, a copy of each investigation report A-O agreement, accompanying documents submitted by the suspect G, and a suspect A on December 2, 2014 at the Southern-gu Police Station.

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