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(영문) 인천지방법원 부천지원 2014.07.25 2013고단3280
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 18, 2009, the defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court for ten months and two years of suspended execution and for the same year.

9. 10. The judgment became final and conclusive, and on August 9, 2012, the Seoul Western District Court sentenced one year and six months of imprisonment with prison labor and three years of suspended execution to forge private documents, etc., and became final and conclusive on December 27 of the same year.

1. On December 13, 2009, the Defendant: (a) at the office of “D Company” located in Seocho-gu Seoul, Seoul on December 13, 2009; (b) the fact is that a considerable number of shares of Co., Ltd. are transferred to F; and (c) despite the absence of the intent or ability to transfer 33,000 shares of Co., Ltd., Ltd. to G (the remaining and the age of 50), the Defendant acquired 3,300,000 shares from the victim, namely, at the victim’s seat, for the share purchase price, and acquired them by deception.

2. On December 16, 2009, the Defendant: (a) at the coffee shop near the Seocho-gu Seoul High Station, the fact was that the Defendant did not have any property other than the shares of Co., Ltd.; and (b) the Defendant was in de facto bankrupt due to the absence of any intent or ability to repay the said money in time even if he borrowed money from the Victim G; (c) the Defendant made a false statement to the effect that “it would be paid only if he borrowed the money that is necessary to normalize the E-Co., Ltd.; and (d) he received KRW 10 million from the victim, i.e., he received KRW 20 million from the victim; and (e) received KRW 30 million in total from the 17.20 million of the same month.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses G in the second trial records;

1. The police statement of H;

1. Copy of a cash custody certificate;

1. A copy of each share acquisition agreement;

1. A copy of a letter of loan;

1. A complaint;

1. Two copies of a criminal investigation report (a copy of a written judgment) and judgment;

1. Application of statutes concerning criminal records;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.

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