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(영문) 서울중앙지방법원 2018.11.30 2016고단7852
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 200 million won to the applicant by fraud.

Reasons

Punishment of the crime

The defendant is the representative director of F (F; hereinafter referred to as "F") in Jeju Special Self-Governing Province, Jeju Special Self-Governing Province.

In fact, F is not capable of establishing a temporary cancer treatment center in Jeju, but it has not been entered into an agreement with Japan G (G, H) and a non-permanent proprietor for medical purposes, such as a license agreement.

In addition, there was no possibility of securing management right by purchasing I hotel together with foreign capital, and there was no specific consultation with J as to acquisition or actual inspection with regard to the above acquisition of the hotel.

In addition, even if the victim B received an investment of the money in the name of the share acquisition fund from the victim, the F used the money as the share recovery fund to K, which is the existing shareholder of the F, or the victim did not have an intent to be damaged by the F’s shareholder list, and even if the money was borrowed from the victim, the victim did not have the ability to repay it

Nevertheless, from December 4, 2014 to February 26, 2015, the Defendant met the victim at least nine times in Seoul, Gangnam-gu L basin 1, Gangnam-gu, Seoul, and “F secured the right to use a neutral technology for medical use in the Republic of Korea from G who has a self-governing technology for medical use in the Republic of Korea. The Defendant is promoting the establishment of a neutral cancer center for medical use in Jeju by attracting investment from foreign investors, such as Japan and Hong Congo.

Therefore, if K, which is the existing shareholders of F, is hard to proceed with the project, and only replacing K with another person, the above cancer treatment center project can proceed at a rapid speed. If K invests in 140,000,000 won, it will register the victim's shares on the F's shareholders list, issue a non-issuance certificate immediately, and allow it to operate the service company related to the construction of the cancer treatment center in the future.

In addition, I hotel with foreign capital, separate from the above cancer treatment center project.

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