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(영문) 서울중앙지방법원 2014.08.21 2013고합1492
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The punishment of imprisonment with prison labor for the crime No. 1 and the crime No. 2 of the judgment of the defendant shall be three years, and imprisonment with prison labor for the crime No. 3 of the judgment.

Reasons

Punishment of the crime

[criminal power] On July 1, 2009, the Defendant was sentenced to one year to six months of the suspended sentence for the crime of interference with business at the Incheon District Court, which became final and conclusive on November 13, 2009. On November 26, 2009, the Seoul High Court sentenced two years of suspended sentence to one year of imprisonment for a violation of the Securities and Exchange Act at Seoul High Court on December 4, 2009, which became final and conclusive on October 16, 2009. On October 16, 2009, the Seoul Central District Court sentenced three years of suspended sentence to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Seoul Central District Court on April 17, 201, the above judgment became final and conclusive on May 17, 2011 by being sentenced to two years of suspended sentence for one year and six months at the Seoul Central District Court on February 23, 2011.

【Criminal Facts】

The Defendant, around July 12, 2009, entered into a contract to underwrite the management rights of a stock company E (hereinafter referred to as “E”) with D and actually operated E.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (based on September 2009, the Defendant: (a) received E, a KOSDAQ-listed company in the coffee shop where it is impossible to know the trade name in Gangnam-gu Seoul from September 2009, with the victim F as the main agent of “NH Investment Securities Co., Ltd. (hereinafter “NH Investment Securities”); and (b) tried to issue bonds with warrants for the cost of capital increase and operating funds of the company. If it is intended to issue bonds with warrants, the Defendant would immediately repay the amount of 115% of the principal until November 30, 2009, and if it is impossible to repay, 5% of the principal and interest will be paid as welfare.”

However, the facts are described as the first patrol officer on September 2009 of the United Nations Convention on the Indictment of the first patrol officer on May 2009.

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