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(영문) 서울중앙지방법원 2017.07.13 2016고단8271
사기
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On September 8, 2016, the defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on September 8, 2016, and the judgment became final and conclusive on June 8, 20

The Defendant would like to make an investment in the company of the Party at the French coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul around August 2015 to the victim C.

In order to make an investment, the status of assets shall be known.

".........." continuously, the victim shall know the status of assets to receive an investment through Scman D on November of the same year.

F Shares 10,000 shares held in the name of Ministry E are to be entrusted to 10,00 shares, and it is desirable to register the shares with our company as its executive officer in the victim around November 10 of the same year.

E's certificate of seal impression and copy of resident registration certificate, if so, will immediately make an investment.

“.........”

However, in fact, the defendant thought that he would sell 10,000 shares of F, which he had, but did not have any intention or ability to cause investment to the victim.

The defendant deceiving the victim as above and issued a certificate of non-issuance of sovereignty of 10,000 shares F in the name of the victim's wife E in the victim's name, and a certificate of personal seal impression to G on November 10 of the same year.

F Shares of KRW 100,000 were transferred to KRW 260,000,000 and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and H;

1. A written confirmation of non-issuance of stocks, a statement of conversation between the suspect H and the complainant, a letter of text between the suspect A and the complainant, an application form in the name of stocks, and a written contract for acquisition of stocks;

1. An investigation report (related to a list of shareholders, G telephone investigation by a purchaser of stocks, hearing of suspect H telephone statements - list of shareholders);

1. Previous Records: A criminal investigation report (in the course of the appellate trial, the defendant and his defense counsel shall be the I.D. operated by the defendant.

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