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(영문) 창원지방법원 진주지원 2016.12.14 2016고단934
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2016 Height934] The Defendant, while working as the director of the process management team of D Co., Ltd. (hereinafter “D”), has taken advantage of such positions, has taken money from the people to use it for the repayment of obligations.

1. Fraud under the pretext of purchase price of D stocks;

A. On February 13, 2015, the Defendant committed the crime against the victim C stated that “The Defendant would purchase D shares until June 30, 2015,” stating that “The Defendant would purchase D shares by no later than 39,000 to 40,000 won per share of D shares (the closing price 49,250 won, February 13, 2015), among the employees of our company, is a person wishing to sell shares because of urgent cash.”

However, in fact, the defendant thought that he will arbitrarily use D stocks in the repayment of his obligation with money from the victim, and there was no intention or ability to purchase D stocks at a low level for the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 95 million from the victim to the account of community credit cooperatives under the name of the Defendant as the purchase price for 2500 shares on February 16, 2015.

B. On June 2015, the Defendant committed the crime against the Victim G stated that “D shares (the closing price of 78,000 won on June 26, 2015) may be deposited in KRW 59,000 per share with the victim at H coffee shop located in Sacheon-si, Sacheon-si, Sacheon-si, 2015.” The Defendant stated that “on behalf of an employee who does not purchase money, the Defendant would put the money in the name of the employee and then receive shares in the name of the employee and then deliver shares until December 2015.”

However, in fact, the defendant thought that he will arbitrarily use D stocks in the repayment of his obligation with money from the victim, and there was no intention or ability to purchase D stocks at a low level for the victim.

Nevertheless, the Defendant, by deceiving the victim, and deceiving him/her as above, under the pretext of the purchase price for 710 shares from the victim, was KRW 30 million around July 23, 2015, and August 19, 2015.

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