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(영문) 서울중앙지방법원 2017.07.21 2016고합1039
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

E and F shall be punished by imprisonment of one year and six months, by imprisonment of ten months for Defendant A, by imprisonment of eight months for Defendant B and C, and by imprisonment of eight months for each.

Reasons

Punishment of the crime

[Criminal Records] Defendant E was sentenced to a suspended sentence of three years on July 7, 2016 for a violation of the Narcotics Control Act at the Busan District Court on July 7, 2016, and the judgment became final and conclusive on August 4, 2016.

Defendant

D On August 23, 2016, the judgment was finalized on August 31, 2016 after being sentenced to imprisonment with prison labor for 6 months for a violation of the Punishment of Violences, etc. Act (joint assault) at the Jinwon District Court's Jinwon Branch's Jin branch.

Defendant

B On December 21, 2016, the Daegu District Court sentenced to the suspension of the execution of the imprisonment of 4 months for fraud in the Port Support to the Pohangg District Court on December 21, 2016, and the judgment was finalized on December 29, 2016.

[The relationship between public offering and division of roles] J (K), L (one name "M"), and N have deposited investments in the securities account with the Defendants, O, P, Q, and R, and purchase shares with loans under the name of the fund for purchasing shares that account for 2 to 3 times the above deposit amount as collateral from Sock L loan companies. Upon the above receipt of the so-called " substitute loan" converting the above fund for purchasing shares into the 2 financial rights stocks such as savings bank, capital increase, etc. through the lending brokerage company by providing the purchased shares and the balance of deposit deposit money as collateral, and then the so-called " substitute loan" converting the above fund for purchasing shares into the 2 financial rights stocks such as savings bank, capital increase, etc. from the fund for purchasing shares, the stock price decrease, etc. [in the event that the risk of opposing sale is increased, the stock loan can be converted into the stock loan without the "securities exchange account" as it is without the "securities exchange loan."

There is also a case in which the ices independently brokered the "alternative loan".

The lending lending or lending brokerage company shall deduct the amount of money which it has made a prior payment for the repayment of existing loans without using the repayment of the loan, or the existing loan shall be repaid or the advance payment shall be made.

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