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(영문) 서울중앙지방법원 2012.05.08 2011고단2685
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the vice-chairperson of G Co., Ltd., and the defendant B was the president of G Co., Ltd. on January 26, 201 and was sentenced to eight months of imprisonment with prison labor for an act of false accusation, etc. at the Seoul Central District Court on February 3, 2011.

around August 2010, the Defendants made a false statement to the victim I (the 49-year-old J) stating that “K, who was the founder of the vehicle J, will circumvent L through G, a corporation. When acquiring and selling the bonds with preemptive right to new stocks of G, it will realize considerable benefits and guarantee the principal of the bonds.”

However, there was no plan for K to circumvent L through G, and there was no idea that the Defendants received money from the victims to issue bonds with warrants, and there was no intention or ability to issue bonds with warrant to the victims.

Nevertheless, around August 26, 2010, the Defendants were issued a bill of KRW 300 million cashier’s checks as the purchase price for bonds with warrants to the victim by making false statements to the victim.

As a result, the Defendants conspired to deception the victim and received KRW 300 million.

Summary of Evidence

1. The entry of witnesses I and M in part of the third protocol of trial;

1. Partial statement of witnessN in the fourth trial record;

1. Partial statement of witness B in the fifth trial record;

1. The entry of a witness A in part of the sixth trial records;

1. Some of the statements made by the prosecution against the Defendants in the protocol of interrogation of suspects

1. Copies of cashier's checks, and copies of written agreements and commitments;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

1. The evidence of the Defendants’ assertion and the reasons for sentencing under Article 62(1) of the Criminal Act, which are contained in the suspended sentence.

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