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(영문) 서울남부지방법원 2013.03.22 2012고단4833
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

C on June 26, 200, established D Co., Ltd. for the purpose of manufacturing and selling coffees.

Around March 2008, the company changed its trade name to E Co., Ltd. (hereinafter “E”), and failed to produce authentic coffees, and failed to install mass production facilities. By June 10, 2008, the company did not meet the requirements for listing on the KOSDAQ by making a disguised payment of KRW 950 million out of the capital of KRW 1 billion until June 10, 2008, and the business outlook is uncertain and the financial structure is weak.

After the Defendant became aware of F, the vice president of E in 2005 through its branch, around July 2007, the Defendant entered into the Jongno-gu Seoul Total Sales Contract with F around KRW 31 million and continued to engage in the E and Jongno-gu Seoul Total Sales Contract, but the Defendant received KRW 1,500 per share from E in compensation for the failure to engage in the total sales, and received KRW 20,000 per share from E in compensation for the failure to engage in the business.

The Defendant spreaded a rumor that it would not recover the amount invested in the redevelopment project that does not proceed with the E business, to sell the E stocks received by him at a low price. From January 2009, the Defendant told several times to the effect that, at the J restaurant of the operation of I near the H redevelopment area of Seongdong-gu Seoul Metropolitan Government, the Defendant frequently visited the removal of the redevelopment area, such as I, to the said I, registered in the KOSDAQ by attracting foreign capital and making a large profit in the future.

1. In May 2009, the Defendant sold the shares to the said victim, who had considerable interest in “E shares to KRW 10,000 or KRW 12,00 per share at the present time,” and the shares of the company are expected to be listed on KOSDAQ at the end of 2009 or at early 2010.

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