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(영문) 서울중앙지방법원 2014.08.28 2013고정5059
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was sentenced to two years of imprisonment for embezzlement at the Seoul Central District Court on December 14, 2012 and the judgment became final and conclusive on July 26, 2013.

The Defendant made a false statement to the victim F at the Defendant’s office located in Gangnam-gu Seoul on December 2, 2009, stating that “In fact, the Defendant is the actual owner of G E company located in Gangnam-gu Seoul, and the share shares are in title trust in the name of the employees of the company.” On April 201, 201, the Defendant made a false statement to the effect that “The Defendant would hold stocks of G Co., Ltd. by bypassing to the KOSDAQ to pay ten times the amount of stocks.”

However, at the time, the said G Co., Ltd. had not already been issued as a floating company with no substantive substance. Since the Defendant had already acquired or had not previously held the shares of the said G Co., Ltd., the Defendant did not have any intent or ability to allow the said G Co., Ltd. to acquire the shares of the said company even if he received the money from the victim as

Nevertheless, the defendant deceivings the victim as such and received cash 25 million won from the victim around that time.

Summary of Evidence

1. Each legal statement of witness F and H;

1. F statement of the police interrogation protocol against the defendant

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes to a copy of a register of shareholders and a copy of verification statement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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