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(영문) 서울중앙지방법원 2017.04.20 2017고합276
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 18, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and the sentence was finalized on October 15, 2015.

[2] The Defendant is the representative director of H, and I is the representative of J (J, hereinafter “J”) and H is the Korean branch of J.

Defendant and I may invest large amount of overseas funds in Korea through K (hereinafter referred to as “K” according to the Defendant and I’s argument) developed by “L” to those in need of funds at around 2010, cockck in Thailand (Thailand).

In order to acquire money in exchange for the fee and consulting expenses, I was willing to play a role that seems to attract foreign funds from abroad, and the defendant was willing to contact investors for the purpose of attracting foreign funds in Korea.

Accordingly, the defendant contacted the victim M who was in the course of implementing the Lan Port Industrial Complex development project on February 2012 and attracts USD 500 million from overseas funds.

From the above money to the United States, USD 250 million is a plan to invest the remaining USD 250 million in Korea.

It is intended to attract foreign funds of KRW 65 billion so that the development project, such as real estate, can be carried out.

If the investment operation is well-grounded, support will be provided to KRW 400 billion.

“A false statement” was made.

However, in fact, K program on the overseas financing method referred to by the defendant and I is unclear, there is no record of attracting overseas funds until the above time after the defendant established H, and there was no specific plan or amount to be invested in Korea.

Nevertheless, the Defendant, as above, committed a false statement to the victim and committed as if the Defendant was forced to attract large amounts of overseas funds.

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