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(영문) 서울중앙지방법원 2014.01.08 2013고단2415
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the (State) H established to take over G apartment business rights at the time of a show of progress in the (State)F practically operated by E.

On March 21, 2007, the Defendant entered into an agreement to invest KRW 2 billion in G apartment project in the same amount in lieu of acquiring shares of KRW 15 billion in the shareholders' name, and delivered money to E in lieu of acquiring shares of KRW 15 billion in the shareholders' name. On October 5, 2007, the Defendant entered into an agreement to subscribe to shares and company operation with the purport that KRW 2.7 billion shall be invested in the main apartment complex building development project No. 2. 2.7 billion in Australia, which is being promoted, and deliver KRW 2.7 billion in total to E until December 30 of the same year, and on August 30, 2008, the Defendant provided KRW 2.0 billion in total to E, including the aforesaid promissory note, and on August 29, 2008, issued KRW 200 billion in total to E, and on October 5, 2007, the Defendant loaned the above promissory note to E, including the foregoing rights, to collect the debt to E’s liabilities.

On the other hand, the victim J received two copies of the Promissory Notes, such as K, face value 376,050,000 won, and Promissory Notes, which are national banks, at the place of payment on January 20, 201, and serial notes and Promissory Notes, face value 400,000,000 won, and the due date on February 10, 201, issued by the Defendant to recover KRW 776,050,00.

The Defendant invested 6.7 billion won to E and incurred 4.7 billion won as principal.

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