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(영문) 서울중앙지방법원 2019.02.20 2013고합1294 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, under the direction of B, is a person who served as the term “pre-paid share” to C and actually acted, such as selling shares, who served as the pre-paid share, who served as a pre-paid share, who served as a designated beneficiary, who gives various instructions to the Defendant, etc. while living in the Philippines as of the designated beneficiary, and D is a bond business operator who has leased money by receiving stocks from the Defendant,

Defendant and C conspired with the victims to borrow money by receiving stocks as a collateral from the victims, and then without keeping the stock certificates as a collateral, and immediately dispose of them in the stock market and acquire profits corresponding to the difference between the principal and interest of the loan. On July 2012, 2012, Defendant and C agreed to engage in a bond business operator called “transfer” called “E” with the name of “E” as an employee of C, and made C enter into a contract with the victims or victims upon receiving various instructions from B, and Company B instructed Defendant and C to pay the consideration in accordance with the instructions.

1. On July 13, 2012, at a coffee shop, where the trade name on the first floor adjacent to the building J branch of the I company located in Gangnam-gu Seoul Metropolitan Government H on the part of the victim F-owned G shares is unknown, C entered into an agreement with D on a stock security loan agreement with a content that can sell and dispose of shares after immediately entering into the said share certificate, with the market price equivalent to KRW 838,500,000 (=590,000 per share price per share) G Co., Ltd. (hereinafter “G”) of KRW 150,000 per share price.

After the conclusion of the aforementioned share loan agreement, C is carried out at the J branch office of the I company in the sixth floor of the above building on the same day, and the defendant is carrying out as C's employee under the name of "E", and C is carrying out as C's employee, and C's monthly interest of KRW 50 million to F,00 won, and the agreed period shall be one month.

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