수원지방법원 안양지원 2019.05.23 2016고합138




A Imprisonment with prison labor for nine years, and for two years and six months, respectively.


Of the facts charged against B, 2012.


Punishment of the crime

[Criminal Power] On September 13, 2012, Defendant A was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on April 26, 2013, and the judgment became final and conclusive.

[Defendant D (hereinafter “victim”) who is an actual operator of C Co., Ltd. (hereinafter “C”) delegated the business of selling the above company to E, who is a director of the said company and his/her former employee relationship, and E was introduced through F and Attorney G, around September 2011, to the effect that around September 2011, the said company’s sales was considerably experienced in the merger of the company.

【Criminal Facts】

Criminal facts recognized by the record without modification of indictment to the extent that they do not seriously disadvantage the defendants' exercise their defense rights.

1. Defendant A

A. On October 31, 2011, the Defendant, through deceptioning KRW 3 billion from the borrowed money, had expressed his financial capacity and the ability to merge with the E and F around September 201, 201, by stating that “B shall take over a listing certificate, be the capital owner, and five investors groups, including B, shall be directly invested, and the bonds shall not be used. The C acquisition level may be sufficient.”

On October 2011, the Defendant continued to take over the J (hereinafter “J”) of the Company E and F, Inc., a C (hereinafter “K”) and to merge with the Defendant on the condition that C would be good. If the acceptance of the J is KRW 26 billion from KRW 26 billion to KRW 27 billion, and if the Defendant’s initial loan of KRW 3 billion, it would take over the J through the Company (SPC) of K Co., Ltd (hereinafter “K”) by investing KRW 24 billion in the initial capital, and by December 31, 2011, it would take over the C through J by December 31, 201, and the KRW 3 billion would have been repaid until January 31, 2012. The reliance and F sent this content to the victim.

However, it is true.