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(영문) 서울서부지방법원 2020.03.04 2019고단2133
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around April 9, 2017, the Defendant, “2019 High-class 2133, the Defendant, at the mutual influent coffee shop near the Gangnam-gu Seoul Metropolitan Government Handong-dong, saying, “A party, the wife of the Party B, has the intention to assist the private placement of money when the private placement is difficult.” A general control over the financial sector of the Party D, and the stock price of the Company D, if the shares of the Company D, are publicly announced to KOSDAQ within the past and three months, will rise rapidly. When purchasing KRW 3,500 per share, the purchase of the shares of the Company D until December 2017, the price of the shares would be two times or more, and third parties would dispose of the shares of the Company D by December 2, 2017, and even if the shares of the Company D are not sold, the total principal amount would be guaranteed.”

However, at that time, the defendant purchased the shares of the Dispute Resolution in KRW 2,00 to KRW 2,400 per share from E with bad credit standing at that time, and prepared to sell them to the victim immediately, but purchased shares from E and sold the shares to the victim immediately, and there was no specific plan that can be listed in the KOSDAQ within three months as unlisted shares. The defendant did not have any particular property at that time and requested the victim to implement the agreement that re-purchase shares of KRW 3,500 per share of the Dispute Resolution Resolution to be re-purchasing at KRW 3,500 per share, even if he did not have any intent or ability to return the shares sales price received from the victim again.

On April 10, 2017, the Defendant, from the victim, transferred KRW 17,50,000,000 (in fact, the Defendant received KRW 25,500,000 from the victim, and then transferred KRW 6,755,00,00,00 after subtracting KRW 7,50,000,000 from the transfer tax out of KRW 7,50,00), and on April 11, 201, the Defendant shall be a G account in the name of F under the pretext of the purchase price of shares 20,00.

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