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(영문) 서울중앙지방법원 2017.08.11 2017노45
사기미수
Text

We reverse the judgment of the first instance court.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) as to the lawsuit in this case was brought for the purpose of resolving the joint and several liability obligations of the defendant Eul, a stock company, which is managed by the defendant, and thus, the lawsuit in this case was brought against the defendant by misunderstanding that the certificate of deposit offered as security in this case did not own F, and thus, it does not constitute

2. Determination:

A. The summary of the facts charged is the actual operator of E Co., Ltd. (hereinafter “E”).

Around June 17, 2013, the Defendant drafted a written agreement with the Victim F Co., Ltd. F (hereinafter “F”), stating that, in order to increase the F’s capital for a cost of KRW 30 billion, the Defendant cooperates with the Chinese national enterprise to participate in F’s increase of the capital for a cost of KRW 1.8 billion in return, the Defendant would receive KRW 1.8 billion in operating fees.

However, F was borne by H Co., Ltd. (hereinafter “H”).

As a result of the joint and several liability debt of KRW 1.8 billion, there was an obstacle to increase in capital for consideration between the defendant and F, the defendant and F take over the above joint and several liability debt of KRW 1.8 billion between the defendant and the defendant, and at the same time the F prepares a certificate of deposit equivalent to KRW 1.8 billion for the security of the joint and several liability debt of KRW 1.8 billion, and the H representative director I, E in the name of H representative director I, the representative director J, and the F Financial Director K will prepare a joint and several liability contract with the effect that "E will provide KRW 1.8 billion in the certificate of deposit owned by E to secure the performance of the joint and several liability obligation of KRW 1.8 billion."

On August 2013, the Defendant stated that “The F will provide 1.8 billion won of the certificate of deposit owned by the E to H as security” in the joint and several guarantee agreement prepared as above, if the F does not comply with the initial arrangement to resolve the burden of the E’s joint and several liability after submitting an audit and a semi-annual review report.

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