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The crime of fraud against the victim B among the cases of 2019Kahap274, the judgment of the defendant, and the crime of 2019Kahap306.
Reasons
Punishment of the crime
On January 8, 2014, the Defendant was sentenced to five months of imprisonment for the crime of indecent act by force at the Gwangju District Court and two years of suspended execution, and the said judgment became final and conclusive on May 1, 2014.
Around September 2013, 2013, the Defendant: (a) instructed the Defendant to offer a security loan and sell shares; (b) received shares as a security by lending money to another person; and (c) solicited the Defendant to sell all shares by disposing of the shares, regardless of whether there is any reason to exercise the security right.
1. On October 2013, the Defendant entered into an agreement with the Defendant to sell the said shares and receive loans, instead of receiving KRW 370,000,000 from the victim’s stocks D Co., Ltd., a KOSDAQ-listed company, as collateral, pursuant to the orders of the Defendant on Company D’s early October 2013. In short, the Defendant borrowed KRW 260,000 in cash from the victim to the victim, instead of taking out as collateral 370,000 shares as collateral. When the victim redeems the principal and interest, the said shares shall be returned if the collateral ratio falls below 150% due to the decline in the price of said shares.
However, in fact, when the defendant and C receive D stocks from the victim, they have sold them regardless of the decline in collateral ratio, and they have no intention to keep the stocks until the victim redeems the loan.
Nevertheless, around October 10, 2013, the Defendant was holding the victim with the share certificates of 370,000 shares of D, which are equivalent to the market price of 42,7350,000 won at the time of providing the victim with a loan of 260,000,000 won in cash.
Accordingly, the defendant was given property by deceiving the victim in collusion with C.
2. Crimes related to the F shares of stock companies: