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(영문) 서울중앙지방법원 2012.10.09 2012고합434
특정경제범죄가중처벌등에관한법률위반(사기)등
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Defendant

A shall be punished by imprisonment for three years.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and fraud;

A. Although the facts charged in the facts charged in the case of 2012 high-priced 434 (the case against Defendant A) that was first raised by the Defendant by defraudation of 1590,000 share certificates of SPP Co., Ltd. (hereinafter “SCP”), the Defendant is indicated as “ Q” as the result of the examination of evidence by this court. However, such recognition is

[The case against Defendant B] No. 2012 Gohap767 was instituted later and joined.

The facts charged are modified to “M” and indicated; hereinafter the same shall apply).

(N) On June 23, 201, at the office of P Co., Ltd. (hereinafter referred to as “P”), a corporate bond company located in Gangnam-gu Seoul (hereinafter referred to as “N”), the Defendant loaned 5.1 billion won to the Defendant a monthly interest of 3%, and the Defendant secured 1590,000 shares from the Victim EM Co., Ltd. (hereinafter referred to as “victim”) as security, offered as security, offered as security, and offered as security, at least 170% of the total amount of the above loans, but if the Defendant provided additional security to P, and if not provided additional security, the Defendant entered into a security loan agreement with P so that P can dispose of the said SCP shares at will.

Although the Defendant entered into the aforementioned share loan agreement, at the Korea Investment Securities Office located in Yeongdeungpo-gu Seoul Metropolitan Government on June 27, 2011, the Defendant concealed the fact that he/she entered into the share loan agreement as above at the request of M., and entered into a monetary loan agreement with STM, the obligee as the Defendant, the obligor as the Defendant, the amount of the loan to be KRW 5 billion, and the monthly interest to be KRW 4.25%, and the amount of the loan to be KRW 1590,000,000,000,0000,0000,000,0000,000,000,000,000,000.

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