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(영문) 서울중앙지방법원 2014.02.19 2012고단4749
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

Defendant

On May 27, 2010, A was sentenced by the Seoul High Court to a violation of the Securities and Exchange Act, etc. and completed the execution of the above sentence on October 27, 2010.

Defendant

On October 201, A and Defendant D have been trying to acquire management rights and shares of F Co., Ltd. F (hereinafter “F”), which is a OSO listed company, from E in the middle of October 201. He heard that “I want to take part of the Stockholm options to be paid at the time of completion of the acquisition of the acquisition cost of KRW 700 through 80 million.” The fact was that E is not the subject of acquiring management rights, but not the subject of acquiring the F shares and management rights, but the quantity and value of the shares to be paid at Stockholm options, and even if the Defendants received the purchase price of the F shares from other persons, such as where the number and value of the shares to be received from E are not determined, the Defendants intended to acquire money under the pretext of the purchase price by means of acquiring the F shares, by stating that the Defendants would have been able to sell the F shares at a low price of KRW 800 per share.

1. Accordingly, Defendant A, at his office located on the fourth floor of the Gangnam-gu Seoul Metropolitan Government G building on November 201, 201, called “F will take over the management rights and shares by acquiring the company “F,” and sold the lower price of F shares until December 15, 201 as it takes over. At present, Defendant A would take up KRW 1,400 per share and KRW 800 per share upon receipt of the acquisition, 100,000 per share. In first, Defendant A said that “I will invest KRW 80,000 per share.”

The Defendants, as seen above, by deceiving the said victim on November 11, 201, received 430,000 shares of 130,000 won (hereinafter “I”) from the said victim who believed this, from the said victim, as the account designated by Defendant D, and acquired them by deception.

2. The Defendants deceiving the victim H as above and deceiving the said victim.

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