(영문) 수원지방법원 성남지원 2016.05.12 2016고합2

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(영문) 수원지방법원 성남지원 2016.05.12 2016고합2

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant shall be acquitted. The summary of this judgment shall be published.

Reasons

1. Summary of the facts charged

A. On February 2, 2005, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall pay 30% of the profits to the victim E, as the victim E operates D Golf Schools in the Philippines, and the profit of KRW 2 billion is generated by operating the golf course, and the net profit of KRW 9 billion is generated by operating the golf course. Therefore, if the Defendant purchased the shares of the F Tra Trading Center in the form of investment, it will be paid 30% of the profits.

“.......”

However, the fact was that D Golf School was operated by the enemy since its establishment, and the golf course in operation was discussed on January 1, 2005. At the time, there was a situation where profits could not occur, such as the personal liabilities of executive officers, including the defendant, the president, etc., up to KRW 400 million. Thus, even if the victim purchased the shares of the company, there was no intention or ability to pay profits from such shares.

As above, the Defendant, by deceiving the victim as above, sold 2/13 of the shares of the Defendant D Golf School to the victim, and transferred KRW 260 million to G account on February 21, 2005, and KRW 200 million to H on February 24, 2005, respectively, as the purchase price for the said money, and acquired KRW 550 million in total by receiving two school buses worth KRW 90 million at the market price around that time.

B. Fraud 1) The Defendant, at the place described in paragraph (a) around February 2, 2005, distributed the proceeds according to the additional shares to the Defendant, if he purchases the shares of the company described in paragraph (a) together with the golf school listed in paragraph (a). The Defendant would pay the victim the proceeds if he further purchases the shares.

“The phrase “ was false.”

However, the fact is that the victim did not have the intention or ability to pay the profit from the additional share even if the victim purchased the additional share because of the economic situation such as the statement in the paragraph.

The defendant deceivings the victim as above and caused the victim to do so. G. D.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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