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(영문) 서울중앙지방법원 2017.06.02 2016고합501
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 2012, the summary of the facts charged reveals that the Defendant had been aware of the introduction of a university-friendly relationship to the victim E again, and that the victim was 300 million won in cash received from the mother and kept the said money in her husband and that he was aware of the method of receiving interest, the Defendant used the said money directly by lending KRW 150 million out of the said money to another person under the Defendant’s responsibility, allowed the multilateral Defendant to lend KRW 100 million to another person under the Defendant’s responsibility, and then allowed the multilateral Defendant to dispose of the said claim by offsetting the money to the F Co., Ltd. (hereinafter “F”) in which the Defendant was actually operating, thereby finally extinguishing the said claim by setting-off, and thereafter, had the Defendant borrow money as expenses necessary for the listing of the said F.

[Investment-related fraud] On July 11, 2013, the Defendant is responsible for the victim E in H Lestoc in Jongno-gu Seoul Metropolitan Government, “F is preparing to list by the way of taking over the listing history, and the prospects are good.

On October 31, 2012, the amount of KRW 50 million borrowed directly in the name of J Co., Ltd. I (hereinafter “I”) and KRW 100 million loaned to J Co., Ltd. (hereinafter “J”) on January 10, 2013, and KRW 100 million borrowed directly in the name of “J”) on March 13, 2013, shall be offset with investment funds of KRW 250,000,000 in the name of “F” branch and invested KRW 150,000,000 in the additional amount of KRW 4,00 won each month, and at the same time, a fixed profit of KRW 40,000 shall be guaranteed, as well as a total amount of KRW 40,000,00 in the aggregate amount of investment calculated as KRW 50,500,000,000,000 shall be paid for 50,000,000.

“A false representation was made.”

However, it is true that the defendant recommended the victim to make an investment in the name of 50 million won and 100 million won borrowed from the damaged party in the name of I and the name of F, and that the defendant is responsible for it, and that the victim borrowed 100 million won to J. 250 million won.

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