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(영문) 서울중앙지방법원 2017.01.20 2016고합966
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

On March 29, 2016, the Defendant misrepresented himself as an international lawyer with the work experience in P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P PP, etc., and took office as an advisory lawyer and in-house director in a corporation that is a wholesale and retail business company (hereinafter “D”).

The Defendant, at the office located in Gangnam-gu Seoul on June 2016, 2016 in Seocho-gu, may receive investment funds of USD 20 million from the Defendant, “Isishing F, which is folbol,” to the Defendant.

Washington does not make a reporting investment in D, but makes a reporting investment.

For this reason, it is necessary to secure investment of USD 20 million.

As security, 130 million shares of the company (1,300 won per share, total amount of 16.9 billion won per share) are transferred to the account. In addition, since activity expenses are required for 100 million shares as the management and sales authority is transferred for 100 shares, 50% of them will be used as activity expenses and the remainder will be paid.

The phrase “the phrase was false.”

However, the Defendant was not a legal representative in New Zealand, and was not an international attorney. Even if the Defendant received shares from the injured party, he did not have the intent or ability to attract investment of USD 20 million from Singapore, and tried to use the Defendant’s shares as gambling price.

On June 8, 2016, the Defendant acquired shares 1,096,000 shares (1,300 won per share, total market price of 1,424,800,000 won) in the Samsung Securities account under the Defendant’s name from the damaged party and acquired them by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol concerning G, H, C, and I;

1. Part concerning C’s statement in the second-time police interrogation protocol against the accused;

1. Statement made by the police with regard to C;

1. C Complaints;

1. Full certificate of the matters to be registered (Evidence 2), personal immigration status (the same No. 3), certificate (the same No. 5), written consent to the establishment of a pledge (the same No. 6).

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