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(영문) 서울중앙지방법원 2015.06.12 2014고합1038

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant shall be innocent.

Reasons

The Defendant, in the facts charged, was aware that, even though D and E received money from other persons as a security deposit, even if he did not have a certain intent or ability to grant the instant business rights or to guarantee business profits, the Defendant had a business right to sell scrap metal and scrap metal in an annual amount of KRW 30 billion emitted from the Ministry of National Defense on January 25, 2008, and that, upon paying KRW 1 billion with a security deposit, he/she would give 30% of the total proceeds to 30% if he/she paid KRW 1 billion with a security deposit, he/she did not have such intention or ability to directly contact E when he/she directly commits fraud by receiving KRW 30 million from F five times until April 3, 2008.

Nevertheless, the Defendant received money as a security deposit in relation to the instant project and conspired with E to acquire money.

On June 30, 2008, the Defendant and E called "I and I" a corporation operated by E in the G hotel coffee shop in Jongno-gu Seoul on June 30, 2008.

) No special purpose corporation recognized by the State (SPC-related relationship) may engage in any project, such as scrap iron and non-ferrous iron.

The Ministry of National Defense's organization is integrated at the present time by the government, and can receive the scrap and non-refinites of the Ministry of National Defense and the state-run enterprises, and the annual profits from the process would amount to a KRW 00 billion.

After three months of the week from the deposit, 25% of the profits will be paid to the Ministry of National Defense and the state-run enterprises with a business license equivalent to KRW 40 billion to KRW 50 billion a year.

Earnings shall be distributed to the company established by the victim at 25%, 45%, and 30% to the related organizations, such as the Veterans Association, the Association of Persons of Distinguished Services to the State, and the I's dividends shall be distributed again to the Cheongdae Office, the State Council, and other institutions.

The annual revenue from the sales amounting to KRW 400-50 billion reaches KRW 3 months since the revenue amounting to KRW 400 to KRW 50 billion.