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(영문) 서울중앙지방법원 2014.11.06 2013고단1810

사기

Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B On November 10, 201, the Seoul High Court was sentenced to five years of suspended execution for three years of imprisonment at the Seoul High Court on November 10, 201, and the judgment was finalized on February 23, 2012.

Defendant

B is the chairman of the (State) I, and Defendant A was the director of the above company, and the Defendants were willing to acquire money from the victim K by borrowing (State) J acceptance.

Defendant

A around May 31, 2010, at the coffee shop near the Gangnam-gu Seoul Metropolitan Government Seodong-dong, where the victim acquired a promising company prior to "(ju)J" and the acquisition fund of 500 million won is short of 500 million won, A would provide funds through capital increase with capital increase after 100 days and then pay 100 million won including 100 million won borrowed money to L (victims M and Il N) before this. In addition, B/O, P will provide joint and several sureties, and the joint and several sureties will provide joint and several sureties's meeting minutes, etc.

However, there is no fact that the defendant B has taken over (ju)J, and even if the defendant A prepares the documents for joint and several sureties as above, he did not intend to assume the responsibility for joint and several sureties liability in any way for this payment.

In addition, (State) the capital increase plan of Q’s capital increase plan was only paid a down payment for the land of Q Q, which was developed and published, but terminated after the gold reduction survey. The above Q’s land was close to the actual false public announcement even if it was publicly announced by using the above real estate as a restricted development zone, because it was a place where the natural green belt environment could not be developed because it was good in the clinicalho Lake area. Since the said down payment did not have any funds for the company, there was no intention or ability to seek other funds from other investors. Therefore, (State) the J did not have any intent or ability to repay the money promised on the date of payment made through capital increase.

Nevertheless, the Defendants are the defendants.