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(영문) 서울중앙지방법원 2013.05.30 2013고합140
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, in accordance with the direction of C, etc., (hereinafter referred to as “victim Company”) known that D (hereinafter referred to as “E”) would obtain a loan from the Victim Company E (hereinafter referred to as “E”) as collateral for the stocks owned by the Victim Company E (hereinafter referred to as “F”) and used the Victim Company F (Representative G, hereinafter referred to as “F”) a corporate entity with no substance knowledge that it would obtain a loan from the Victim Company E (hereinafter referred to as “E”), and offered E stocks from the Victim Company as collateral, the Defendant would lend 4.5 billion won of the Company’s operating fund to the Victim Company and normally keep E stocks, which is the collateral for it, until the due date for payment, and would make a public offering with C, etc. to acquire the difference.

On October 10, 2012, at the victim company office located in the Gangnam-gu Seoul Metropolitan Government I building, the Defendant consulted with H, etc. on the employees J, K, and stock loan, and H concluded a loan agreement of KRW 4.5 billion with the victim company by stating that “F will lend 2,458,000 capital which is adequate for financing. E shares 2,458,00 capital would be secured, and KRW 4.5 billion will be kept as security until October 10, 2013, which is due date for payment.” The Defendant, who was next to the Defendant, concluded a loan agreement of KRW 4.5 billion with the victim company by stating that “F representative is not present, but is believed to be the representative of G.”

However, the facts are that the Defendant did not know about with F representative G and F did not have considerable financial capacity, and F did not have any intent or ability to lend the full amount of KRW 4.5 billion to the victim company or to keep the stocks offered as security in the normal Sc method until the due date for payment is due.

The defendant is the 7th floor M of the Gangnam-gu Seoul L Building around October 12, 2012 from the personnelJ, etc. of the victim company.

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