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(영문) 서울중앙지방법원 2016.08.11 2014고합1485

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

1. Defendant B shall be punished by imprisonment for four years.

The defendant shall take money of KRW 100,000,000,000, which shall be acquired through deception by the applicant.

Reasons

Punishment of the crime

[Status of Defendants] Defendant B is the actual operator of G Co., Ltd. (hereinafter referred to as “G”) and AM Co., Ltd. (hereinafter referred to as “AM”), and Defendant AE is a person who acts as the general president of G.

[2014 Gohap 1485]

1. Defendant B

(a) AO (hereinafter referred to as "AO") that is a Indonesia company in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for victimN;

AP has been operating AS (AS) under the status that only acquired the ownership and the right to explore the mine from AR (hereinafter referred to as "AR") that was an Indonesia company that owned the ownership and the right to explore the mining of the First Mine in Indonesia, AS (hereinafter referred to as "AS") with respect to the First Mine in Indonesia, AS (hereinafter referred to as "AS") under the condition that the right to explore has not yet been acquired.

AT entered into a contract for acquisition of stocks and business rights to transfer management and business rights of AO to AS (hereinafter “instant stock and business rights”). However, AT could not pay the contract price within the contract period ( December 30, 2008) and the said contract was substantially terminated around April 2009.

Therefore, ATS in the operation of ATS was unable to actually mine smoke due to its failure to hold mining rights for the first mine of this case. Accordingly, Defendant B’s G operation, which attempted to promote the first mine development project of this case jointly with AS in the operation of ATS, was also unable to mine smoke due to the above reasons.

In addition, a non-disclosure agreement that AO entered into with the Korea Electric Power Corporation, AU, AV, and Russia Company is a contract with the content of maintaining security for the information of the mine to be known in the process of conducting an inspection to determine whether to invest in the first mine of this case, and the Korea Electric Power Corporation agrees to import all the smoke mined from the first mine of this case.