(영문) 서울중앙지방법원 2014.08.29 2014고합132

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(영문) 서울중앙지방법원 2014.08.29 2014고합132

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Punishment for the crimes of Articles 1, 2, and 4 in the judgment of the defendant shall be three years, and imprisonment for the crimes of Articles 3 and 5 in the judgment shall be one year.

Reasons

Punishment of the crime

On December 29, 2011, the Defendant was sentenced to a suspended sentence of two years for one year and six months in Seoul Central District Court for fraud, and the judgment became final and conclusive on January 6, 2012.

"2014 Gohap132"

1. On June 2010, each criminal defendant against the victim D and E knew of the victim D, and told the victim that he/she would return to the victim on the premise of marriage, and recommended the victim to purchase 9,000 shares of the said shares by soliciting that “I will be a director who works on the advanced investment securities, and will inform him/her of promising shares.”

After October 1, 2010, the Defendant stated to the effect that “The principal at the time of purchase is to be returned after the disposal of shares to B after the disposal of shares,” the Defendant’s trade name in the Guro-gu Seoul Metropolitan Government new forest dong is unknown.”

However, the defendant was not a director of the advanced investment securities, and even if he received shares from the victim, he did not have the intent or ability to return the principal of the investment to the victim.

The Defendant received 9,000 shares (the total amount of KRW 11,025,00 on October 14, 201) total amount of KRW 2,000 shares (the total amount of KRW 13,535,000) on the same day with the securities account in the name of Defendant F, from the victim, from the victim, and received 9,000 shares (the total amount of KRW 13,535,00) from the victim from the victim during the period from September 26, 201, and received KRW 9,000 in total of KRW 32,00 million in cash from the victim E, who is the penalty father of the above company, from the victim E, as described in attached Table 1.

2. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is a director of any advanced investment securities to the victim G through D and E at a place where the location is unknown on January 2011.

At present 1,200 won per share.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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