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(영문) 서울남부지방법원 2016.06.09 2014고합318
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

On January 2013, the Defendant received a request from the representative director of the victim G Co., Ltd. (hereinafter “victim”) who was operating a hotel specialized school at the F Co., Ltd. (hereinafter “F”) office operated by the Defendant, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, 3402, to attract investment in the course of promoting a plan to build a hotel by inviting investors and to operate the hotel entrusted by the Defendant.

The defendant will be better to merge (M&A) existing hotels rather than new ones with H.

We would like to take over and remodel the I hotel to attract US$200 million (230 billion won) as a result of the merger. It would be possible to receive a balance certificate after being allocated funds to police officers during March 2013.

And by the end of May, the hotel acquisition fund can be prepared.

The said financial program stated that the fixed fee (such as expenses) used in carrying out the above financial program would vary to US$ 500,000.”

However, in fact, the Defendant did not have any basic business content for attracting foreign capital due to the lack of foreign capital inducement, and did not have any human resources to perform such business as well as all of the above fees that the Defendant received was planned to repay the Defendant’s personal debt, and thus, there was no intent or ability to attract foreign capital even if the Defendant received the above fees.

As above, the Defendant: (a) by deceiving H and transferred KRW 1888,00,000 to H on January 31, 2013; and (b) February 21, 2013, KRW 440,1760,000 to the national bank account in the name of “F”; and (c) received KRW 550,64,000,000 from the victim’s possession to the national bank account in the name of “F”.

Summary of Evidence

1. Statement made by the witness H and K in the third public trial records;

1. A protocol of partially examining the suspect against the defendant;

1. Dispositions and loans;

1. Details of transfer, minutes from January 31, 2013, minutes from February 14, 2013, minutes from February 14, 2013, minutes from March 12, 2013, minutes from March 12, 2013, minutes from September 7, 2013, minutes from September 7, 2013, minutes from December 17, 2013, and details of transactions of entry money.

1. A report on investigation (the injured party);

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