(영문) 수원지방법원 2014.01.24 2013고단1694

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(영문) 수원지방법원 2014.01.24 2013고단1694

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 29, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Changwon District Court on October 2008, and the above judgment was finalized on June 6, 2008. On February 18, 2011, the Seoul Central District Court sentenced three years of suspension of execution to one year of imprisonment with prison labor for fraud, which became final and conclusive on February 26, 201.

【Criminal Facts】

1. At around 14:00 on September 20, 2007, the Defendant made a false statement to the effect that “If the Defendant finds out the capital increase of the shares transferred to the third party securities and deposits the payment of KRW 30 million,000,000,000,000 to the said office employees, he/she will purchase the ET shares in the name of the E company.”

However, as the defendant thought that he was to withdraw the above money on the day and use it individually, even if he received the money from the victim, he did not have the intention or ability to use it as the purchase price of the KR stocks.

Nevertheless, as above, the Defendant received 30 million won from the victim to the new bank account under the name of the Defendant for the same day as the purchase price of shares on the same day.

2. On September 21, 2007, the Defendant made a false statement to the effect that “A company would have increased its shares at one time with the victim F in the said office of the Dispute Resolution Co., Ltd. to the effect that “I will forward the shares price to the account in the name of the company.”

However, the defendant did not have the intent or ability to use the money for the purchase price of KS stocks even if he received the money from the victim, because he thought that he will use it for personal living expenses, card value, etc.

Nevertheless, the Defendant received a false statement as above from the victim to a new bank account under the name of the Defendant for the same day as the purchase price of shares on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement in the police interrogation protocol of the accused;

1. Each police statement of F. F. The statement

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