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(영문) 서울동부지방법원 2016.11.03 2016고합120

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Of October 2013, the Defendant established F Co., Ltd. (hereinafter referred to as “F”) at the office of a member of the D Council (hereinafter referred to as “D Council member”) located on the 5th floor of the Gangnam-gu Seoul Metropolitan Cbuilding, and “F”) at the victim E (hereinafter referred to as “D Council member”). F has technology, such as sharing the equipment for stem cell extraction and high-tension therapy distribution business, G professor and patent, who are the authority of the domestic stem cell line, and securing the network of stem cell cells, and securing the exclusive sales right of stem cell extraction equipment, and thus the business prospects are stable, making profits from the bank. For KRW 500 million, KRW 16.67% of the company share and KRW 400 million should be paid monthly interest of KRW 2.5 million, and the principal shall be repaid after two years.”

However, in fact, the Defendant F did not have conducted technical cooperation such as G professor and stem cell technology and patent-sharing, and did not secure the exclusive sales right of stem cell extraction equipment, so there was no intent or ability to make profits by normally operating the said company. Furthermore, the Defendant did not have any intent or ability to pay the interest and principal even if he borrowed money from the victim due to the failure of his personal investment business in the past, due to the failure of his personal investment business, due to the loss of approximately KRW 10 billion in financial rights, and the Defendant did not repay the obligation of KRW 10 million in arrears with national tax, KRW 70 million in arrears with national tax, KRW 30 million in arrears with national health insurance premium, and KRW 30 million in arrears with office rent, and thus, there was no intention or ability to pay the interest and principal even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim from the victim to the SCB bank account in the name of F, acquired KRW 100 million around November 15, 2013, KRW 200 million around the 28th of the same month, KRW 200 million around December 16 of the same year, and KRW 500 million in total as investment money and loan.

The defendant of Gangnam-gu Seoul Metropolitan Government H building 2016 Ma149 shall be D Council members and F.