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(영문) 서울중앙지방법원 2016.05.19 2014고합1498
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. Of the facts charged, the contents of the Defendant’s criminal records that have no direct relevance to the constituent requirements were deleted.

A. In the course of the crime on January 2012, the Defendant: (a) was anticipated that the public auction on the land, including Ulsan-gun E and 232 lots, and its ground apartments and commercial buildings, owned by Ulsan-gun, Ulsan-gun, and the ancillary welfare facilities (hereinafter “F”), which were in progress, would be lowered to the first 390 billion won; (b) as the first 1/3 level of the construction cost, the Defendant would promote the business after receiving the F and completing the remaining construction; (c) while making efforts to raise approximately KRW 13 billion of the down payment necessary for receiving the F, the Defendant received the G Co., Ltd. (hereinafter “G”) with cash liquidity, and then appears to be “victim Co., Ltd.”; (d) but (e) as it appears to be a clerical error of “G”, it would be corrected as above.

H Co., Ltd. holding 95% of the shares of G around February 10, 2012, paid 13 billion won for acquisition, and received 95% of G’s shares and the right of management.

Meanwhile, the Defendant, on February 1, 2012, appears to be “K” as the facts charged in the facts charged of the judgment of a credit service company, which is operated by I around February 1, 2012, but the Defendant appears to be a clerical error in the “J”, and thus, is modified as above.

(hereinafter referred to as "K") obtained an investment of KRW 6.5 billion out of the above acquisition price of KRW 1.3 billion from L, and prepared a total of KRW 4.3 billion from M, and KRW 2.2 billion from L, and in the process, L was offered to L a self-check of the face value of KRW 4.3 billion from the deposit account in G’s name, and KRW 9.5 billion of the shares of G company to M as security for each of the above loans, and immediately after G was paid with the loan borrowed from the company, the amount of KRW 6.5 billion was repaid as well as the amount of money borrowed from the company as security and the amount of money returned as above.

After that, the above G is the defendant.

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