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(영문) 서울중앙지방법원 2012.11.13 2012고단3236
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On April 29, 201, the Defendant was sentenced to two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Jung-gu District Court on April 29, 201, and the above judgment was finalized on July 16, 201, and on January 9, 2012, the Seoul Central District Court was sentenced to four months of imprisonment for a crime of fraud, and the above judgment was finalized on June 28, 2012.

【Criminal Facts】

The defendant from June 23, 2009 to the same year.

9. up to April, in the office of the company E in the fiveth floor in Gangnam-gu Seoul Metropolitan Government DD Building, posted a letter stating, “The company shall invite shareholders who wish to acquire the shares purchased from the existing shareholders,” and posted a company’s personal handphone number, etc. instead of the company’s official contact address, so that those who have suffered the loss of the shares may personally contact themselves rather than the company.

Defendant

The shares of the company held by the existing shareholders, excluding the founders of the above company, are worth KRW 100,000 per share in accordance with the share investment agreement between the existing shareholders and the above company ($ 95,000 per share in a loan of KRW 5,000).

The above company purchased shares from existing shareholders who exercised appraisal rights in KRW 100,000 per share.

After that, the Defendant stated that “The Defendant would make it possible to acquire the shares purchased from the company by exercising the appraisal right of existing shareholders. As long as the shares to be acquired are not long, the Defendant would have to take over the shares to the account in the name of the company, and transfer the purchase price of 100,000 won per share to the account in the name of the company.”

However, even if the defendant receives the purchase price of KRW 100,000 per share from the victims, it is not the shares that the above company purchased from the existing shareholders, but its wife H when the defendant establishes the above company.

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