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(영문) 서울중앙지방법원 2016.08.12 2015고합573

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendants are not guilty.

Reasons

1. As to the Defendants’ fraud (2015 Gohap 573)

A. The summary of the facts charged is as follows: (a) from around 2002, K purchased a large building which had been operated as a soup rup, etc. through a court auction; (b) from around 2002, K raised funds for personal investors’ investment; (c) borrowed funds from the bank as collateral; and (d) borrowed deposits from the lessee of the building to purchase; and (c) made soup of “M” located in Seoul Special Metropolitan City, Nowon-gu by means of loan from the bank as collateral to make another investment; (d) making soup by means of purchasing other large buildings through the auction at the above court; (e) making soup; (e) making soup of “P” located in Seongbuk-gu Seoul, Seoul; (e) making soup of “S” located in Seongbuk-gu, Seoul; and (e) making soup to the members of Gyeonggi-si, the soup “V” 1, and the “Y” located in the Gyeonggi City.

In addition, after taking over “AB department store”, which is the local department store located in AA at the time, through a court auction around December 2004, K changed its trade name to “AC”, which is a local department store located in AA, and promoted partial repair and sale of the building, but failed to operate the building, and it was a major shareholder of AD (hereinafter “AD”) around December 2006.

On December 208, AD becomes a major shareholder of AD and exercised overall influence over AD's management until it becomes its business suspension. On May 2007, the investment and loan, AF, AG, etc. raised from individuals through a high investment rate and interest rate guarantee promise, etc., and paid the balance of the successful bid price after receiving a successful bid for the building and site located in the Nam-gu Incheon Metropolitan City "AC shopping mall" and paid the outstanding balance of the successful bid price, and the said shopping mall started to operate the said shopping mall project.

K 5 and AC (Gu.) around 2007, 2007.