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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 5, 2011, the Defendant was sentenced to a total of two years of imprisonment in Seoul Southern District Court, and the judgment became final and conclusive on January 20, 2012.
1. The defrauded following the acquisition of stocks is a person who operated the loan brokerage business under the trade name of the Yeongdeungpo-gu Seoul Metropolitan Government D Building 601 “(State E) E”.
On August 15, 2006, the Defendant became aware that the Victim F was suffering from financial difficulties while taking over and operating a Indian vehicle that takes the Republic of Korea, Vietnam, and Red Congo, or Cambodian nationality.
On February 10, 2010, the Defendant entered into a contract for share transfer with the following purport: “The Defendant shall procure KRW 30 billion and lend it to India or aviation and shall be transferred 33.34% of the shares of G (the damaged person shall own 100% of the shares) to the injured person who owns 96.69% of the shares of the vehicle or air (the damaged person shall own 100% of the shares).”
However, at the time, Defendant E was unable to raise investment funds in the search market reconstruction project, which was being promoted, and was given mutual guarantee to other loan companies and pressure on debt, and the property of Party E was attached so that it was difficult for employees to reach a monthly level. Therefore, even if the above shares are transferred, there was no intention or ability to lend KRW 30 billion.
On February 18, 2010, the Defendant, by deceiving the victim, obtained the above G shares 33.34% transfer from the injured party of Cambodia at the face value of 33,400 dollars.
2. On February 18, 2010, the Defendant drafted a lease agreement on the condition that 30 hectares of land owned by H Company in Cambodia (100,000 square meters) was leased for a period of 50 years.
The Defendant, through I around February 27, 2010, concluded that “Around February 27, 2010, the victim F would pay USD 100,000 to H the land lease deposit, until March 2, 2010,” with H.
However, at the time, the defendant was in the same situation as Paragraph 1, and there was no property owned by the defendant.