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(영문) 수원지방법원 성남지원 2016.09.01 2013고합284 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A person shall be punished by imprisonment with prison labor for one year with prison labor for a crime of No. 2 and No. 3 with prison labor for a crime of No. 1 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On July 14, 2005, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Northern District Court, and completed the execution of the sentence at the Seoul Northern District Court on December 16, 2005. On November 27, 2009, the Seoul Northern District Court sentenced six months of imprisonment for a violation of the Securities and Exchange Act, etc. On the same day, the Defendant was released from the Seoul Northern District Court as the revocation of detention and completed the execution of the sentence. On January 28, 2010, the said judgment became final and conclusive on December 5, 2013, and was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Northern District Court on December 8, 2015.

【Criminal Facts】

"2013 Gohap284"

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendant and F agreed to the effect that “the Defendant provided a total of KRW 1.5 billion and has a total of KRW 1.5 billion and additionally invests KRW 3 billion in G after having acquired a joint management right,” together with H, a representative director of G, a stock company G, which was known at a non-permanent place around November 2006, the Defendant and F agreed to receive a transfer of each of the above amounts to I account, an advisory lawyer of the said corporation, for smooth business performance.”

Around November 2006, the Defendant and F made a false statement to the effect that “The Defendant and F shall jointly operate H and K with the knowledge of the existence of the above K K K K K K, a KK-based company, with the intention of securing a stable management right by acquiring K’s equity shares, 1 billion won is required, and if the K is leased one billion won, 8.7 billion won of the above K’s equity will be offered as security immediately as well as 200 million won will be paid in total as interest and commission for the borrowed loan within two weeks at the latest.”

In addition, in order to prepare the above 1 billion won, J talked with L which was known to the same purport as L which was known to the general public, and L talked with L to the same purport as L which was the victim M.

In the facts charged, "L is recruited with the defendant, F and the victim."

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