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(영문) 부산지방법원 2014.10.10 2014고정3067
사기등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B was sentenced to four months of imprisonment with prison labor for an injury at the Busan District Court on February 17, 2012, and the judgment became final and conclusive on May 1, 2012.

From the end of November 2008, the Defendant was a person who had been working for the vice president of D, a corporation with the 501 head office in Busan Metropolitan Government C building 501, a month from the end of November.

In fact, D merely listed shares in the U.S. NaS., without any particular business entity, is unlikely to list the shares on the Korea KOSDAQ, and there is no possibility to increase sales through the management of the company. Thus, even if the shares of the above company were sold, D could not distribute profits to the purchaser.

Nevertheless, the Defendant, under the direction of E, who is the president of the above company, decided to sell the above company’s shares to many and unspecified persons, and around October 17, 2008, at the office located in the above C building, the victim F was provided with KRW 51,300,000 from the victim’s 13 persons over 18 times as stated in the attached Table of Crimes (1) to December 2008, when the company is listed in the KOSDAQ, and the shares will be listed in the KOSDAQ market in Korea. If the company is listed on the KOSDAQ, there is a significant amount of increase in the value of the shares. As such, the amount of the investment will be paid 15 percent of the investment principal after the date of the investment, and one million won of the investment principal will be paid to the victim.

Therefore, the defendant, in collusion with E, acquired property by deceiving victims, and agreed to pay the full amount of investment or an amount exceeding it in the future without obtaining authorization, permission, registration, or report under other Acts and subordinate statutes.

2. Defendant A around February 2013.

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