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(영문) 서울중앙지방법원 2018.08.23 2017고단7512
사기
Text

Defendants shall be punished by imprisonment for four months.

However, the sentence against the defendant A for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On December 1, 2017, Defendant A was sentenced to imprisonment for two years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on December 1, 201, and the judgment became final and conclusive on December 9, 2017. Defendant B was sentenced to a suspended sentence of one year and six months with prison labor for fraud, etc. at the Seoul Central District Court on November 11, 2016, and the judgment became final and conclusive on April 15, 2017.

[Criminal facts] The defendants committed the crime at the office of the corporation in the fourth floor of the Gangnam-gu Seoul Metropolitan Government C building on April 11, 2008, and the defendant Eul is the victim E "D is a company with a good quality, and the share price is several times.

D. Lending money in return for the offering of shares as security. The new purchase of D shares by the party will lead to profit and dividend at the time of the share price, and the share price will be paid with the borrowed money if the share price is not paid.

The phrase “the phrase is false,” and the defendant B will be the victim with the “the contract related to the bypass listing.”

The value of stock investment is high.

D The purchase of shares will be at least three times in the future.

The phrase “ makes a false statement.”

However, in fact, as the company D is in a state of aggravation of its capital due to the burden of the liabilities for a note of 3 billion won at the time, there was no possibility of increase in the value of the shares to be acquired by the company in the future, and even if Defendant A did not own the shares of the company and borrowed money from the victim because it did not own the shares of the company, it did not have the intent or ability to pay the victim the money by transfer or lending the shares of the company

As above, the Defendants conspired to induce the victim and deception the victim from the victim to the G bank account in the name of F on the same day on the same day, and acquired 45 million won in total by remittance from the G bank account in the name of Defendant B on April 16, 2008 to the G bank account in the name of Defendant B.

Summary of Evidence

1. The defendant A-.

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