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(영문) 서울중앙지방법원 2018.01.19 2017고합788
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged in the instant case is the person who treated and substantially operated the hospital as the president of the H H sexual division located in Gangnam-gu Seoul as the head from around August 2014 to August 2016.

The Defendant, around early November 2015, is a director and actual shareholder of the cosmeticF (the representative director J, hereinafter “victim”) (the “victim”) located in Gangnam-gu Seoul, and is a Chinese president, J, etc., who operates the cosmetic manufacturing company in China, and a joint investment in the operation of the cosmetic in Korea. In consultation on the issues, etc., the Defendant, around November 2015, agreed on the issue of joint investment with the president, the J, etc. of the Chinese government, who operates the cosmetic manufacturing company in China, has 25 domestic chain stores within the H sexual surgery and 7 hospitals directly operated, and the H's net profit for the year between H sexual surgery and the 1 billion won.

The defendant confirmed the actual operation of H sexual surgery using four floors among the eight-story buildings in Gangnam-gu, Seoul, and that he/she was the doctor in charge of the president of the above hospital, who believed that he/she has a considerable re-refluence, and that he/she was the president of K, J, etc., and that he/she had engaged in investment negotiations around that time.

On December 31, 2015, the Defendant entered into an agreement on business cooperation with the victimized company at the K Chairman’s home located in the Chinese Madeblow-water (hereinafter “instant agreement on business cooperation”). The main contents of the agreement are “for the victimized company to use it in the management and development of H sexual and south points” (Article 6 subparag. 6 of the Agreement) H H sexual and south points as security for the right to operate, ownership of facilities, and right to use, etc., within six months, KRW 1.8 billion in installments, and pay KRW 50 billion in interest every year (the annual interest of two years in 2016, 2017 shall be 50% of the above profits and KRW 3 million), and the Defendant shall pay KRW 800 million in interest for the purpose of establishing the relevant investment, and the Defendant shall have KRW 800 million in total for the purpose of establishing the relevant investment, within 300 million in interest of KRW 500,000,000.

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