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(영문) 수원지방법원 성남지원 2015.07.09 2015고합25
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a person who has served as an executive director in the real estate sector of the E company.

In a case where it is found that there is a difference between the property victim in the E Co., Ltd. in the charges of dispute resolution and the victim in the indictment in the E Co., Ltd. in the office of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant, on May 2008, should, without due process of amendment of indictment, disclose the identity of the facts charged and give substantial disadvantages to the Defendant’s exercise of the Defendant’s right of defense, and recognize him guilty by

(see, e.g., Supreme Court Decision 2001Do6876, Aug. 23, 2002). The indictment states that G, the actual representative of H in charge of the settlement of disputes, is a victim. However, according to the records, H in charge of the settlement of disputes, the indictment is correct because it is obvious that H in charge of the instant crime is a victim

The employee I of the E Co., Ltd. participated in the business of building golf courses, hotels, etc. in Belize Island and attracts investment funds. J, a major shareholder of E Co., Ltd. invested KRW 9.5 billion in the first-lane and planned to receive two-lane 20 billion investments within three months, and there is no big problem. However, there is no problem that the second-lane investment is a J. However, it is possible to temporarily operate the K Co., Ltd. between the first and second investments, and only during that period, to lend KRW 1 billion operating funds to the president.” G Co., Ltd. which received the foregoing contents from I, but only “1 billion won is lent for two to three months.” The interest was divided into two-three-three months.

However, at around October 31, 2007, the Defendant prepared a letter of intent to raise funds in the name of E Co., Ltd. to invest KRW 130 billion to K by January 30, 2008, and had K lend bonds and carry out Belgium-related business on the basis of this.

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