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(영문) 광주지방법원 2014.05.09 2013고합552
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Around May 2009, the Defendant first met the victim D with the introduction of the C, which is a high-ranking ship, around May 2009. Around 1998, the victim had a career of having served as E, and was committed as if the Defendant could receive a big profit from investing in the stocks, etc. through the Defendant. In addition, the Defendant invested the victim KRW 60 billion in G, which is a joint venture between the Government of Uzbekistan and the F, and the Defendant invested in the amount of KRW 7 billion in the shares of the said company. Since the Defendant has 60% of the shares of the said company, the said company made an investment, the said shares will be given, and the Defendant continued to receive two to five times of the investment amount, and the victim will receive money from the victim as the name of stock investment, etc., and attempted to receive money from the victim.

피고인은 2009. 6. 19.경 피해자에게 전화하여 “돈을 입금하면 미래에셋 주식을 사서 3개월에 30%의 이익을 보장하고, 원금과 수익금을 반환하겠다.”라고 말하고, 투자원금의 반환을 요구하는 피해자에게는 “미래에셋 주식을 팔아서 G 주식을 네 명의로 9,000주 샀다. G 주식이 상장되면 2배에서 5배의 수익을 내 주겠다.”라고 말하였다.

However, on May 2009, the Defendant was living as a commission for another person’s stock investment. The Defendant was recorded in the register of defaulters in the Gwangju District Court because he was unable to repay the obligation of KRW 13 million, and even if he did not receive money under the pretext of stock investment since there was no particular property other than the over-the-counter stocks difficult to assess the value, it did not have the intent or ability to make profits within the agreed period and return the principal and interest of the investment to the said joint venture company. In relation to the said joint venture company, the Defendant was not a shareholder or director of the FF, but a shareholder or director of the FF, and only invested KRW 90 million in the said joint venture company with H’s introduction, which is the representative director of the said F, and there was no authority to dispose of the shares of

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