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(영문) 서울중앙지방법원 2016.07.14 2016고합32

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who works as the chief of the general affairs of F Co., Ltd. operated by the victim E and has been in charge of the operation of I, a sports center owned by the victim H (hereinafter “H”) and operated by the victim’s children G.

H had been registered as the representative director, but he incurred a loss of approximately KRW 2 billion due to his divorce, stock investment failure, and approximately KRW 7 billion due to the debt of approximately KRW 7 billion due to his foreign source of origin, and creditors were to find the F Company and to avoid disturbance, and the victims were to change this, and G resigned from the representative director on June 14, 2006 by the direction of the defective victim.

On July 5, 2007, the Defendant was in full charge of the operation of the sports center by receiving deep trust from the injured party to the point of registration as the representative director during the period from that time until the JJ was appointed as the representative director.

H entered into a contract on the condition that the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) established I on the building in around 2001, on condition that the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), deposit KRW 500 million, monthly rent of KRW 170 million, and KRW 1.7 billion, in 2006, re-contracted on the condition that the victim would be exempted from the deposit of KRW 100 million and monthly rent, instead of investing the amount of KRW 1.7 billion at the facility cost. On June 201, it was necessary to enter into negotiations on the expiration of the contract period between 5 years and the expiration of the contract period.

At that time, G was tried and tried at the Seoul Central District Court on December 30, 2010 with respect to the fraud case involving F Co., Ltd. on December 30, 201. On October 21, 2011, G was detained by the court and was still detained by the court on April 2014, and was still deprived of the victim’s trust. Therefore, the victim was working for the Defendant for negotiations on re-contracts.

At the time, I suffered a loss of approximately KRW 110 million per year from the end of 2008, but since 2009, 30 million per year after being converted into black.