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(영문) 서울북부지방법원 2019.06.14 2018고단1974
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 26, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on June 28, 2011, and completed the execution of the sentence on October 19, 201.

【Criminal Facts】

On October 14, 2013, the Defendant: (a) purchased shares in the C market held by the market merchants with a loan amounting to KRW 3 billion on the condition that “D” established for reconstruction of the C market in Gangnam-gu Seoul Metropolitan Government; (b) purchased shares in the C market with a loan equivalent to KRW 3 billion on the condition that “the Defendant shall pay the Defendant’s loan amount to E after 90 days” in the L/C Bank in the L/C Bank Co., Ltd. around October 14, 2013; and (c) around November 5, 2013, the Defendant agreed to purchase shares of KRW 1,529, 28,186,00, 56, 372, 197, 300, 281,80,000, 2860,000, which shares in the C market held by the injured Party G with a contract deposit of KRW 1,529,00.

Meanwhile, according to the above sales contract, the Defendant paid to the victim a sum of KRW 80 million for down payment and intermediate payment, but was unable to pay the balance of the purchase price until December 31, 2013, which was the date of payment of the remainder of the original contract due to the shortage of funds. On January 14, 2014, the Defendant was found to have forged a letter of payment guarantee submitted to obtain a loan from the above E and became unable to receive additional loans under the loan agreement from E, and was subject to pressure on repayment of the existing loan.

On June 2014, in order to avoid pressure on repayment of loans, the Defendant cancelled the share sales contract entered into with the market merchants including the victim and transferred the claim for return of the purchase price of the shares to be returned from the market merchants E. On June 2014, the Defendant transferred the claim for return of the purchase price of the shares to the victims and other market merchants by E.

“Notice” means notification to that effect.

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