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(영문) 서울중앙지방법원 2018.02.02 2017고합795
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the president (the actual owner) of M&A Co., Ltd., a stock company and KOSDAQ-listed company, who operates the above companies.

On February 28, 2015, the Defendant, at the P office operated by the victim O in Songpa-gu Seoul N building 101, has the victim's exclusive business rights for QR Co., Ltd.

M Co., Ltd. has made a large profit by selling R to China and Korean companies, such as E-Commerce, and the Busan Bank has made an investment of 30 billion won.

At present, when the share price of M Co., Ltd., which is 1,700 won per share, is 1 month, it will be 2 times a month, and at the end of this year, it will be 10,000 won or more.

At present, it is necessary to operate funds prior to receiving the above investment funds from the Busan Bank because M& corporation's debt of 20 billion won, such as the loan of funds to purchase company houses, is temporarily difficult due to the financial situation.

It is clear that it would gain a large amount of profit, and 2 billion won was invested, thereby participating in the capital increase for consideration by M&A.

However, due to the lack of funds, L did not obtain the balance of the purchase of the above exclusive business rights to Q Q Co., Ltd. and did not have decided to invest KRW 30 billion in M Co., Ltd. in the Busan Bank.

M Co., Ltd. was difficult to attract investments because of the accumulation of hostiles and debt, and there was no specific plan or method to raise funds to conduct R business through LB, Inc. as a designated trainee who used a name of bad credit holders who are liable for a large amount of debt, and the defendant did not have any specific plan or method to raise funds to conduct R business through LB, Inc.

The defendant deceivings the victim as above and caused the victim to do so on March 2, 2015, the amount of capital increase for the above consideration in P Co., Ltd.

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