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(영문) 서울남부지방법원 2018.05.08 2017고합584
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government H Co., Ltd. (hereinafter “H”).

1. Around September 4, 2013, the Defendant submitted an investment application to the effect that “ApFC Pib funds are required to be invested in the project,” in the office of asset management (hereinafter “mpib asset management”) of ideas-to-mpire PIONENE Knowledge Property Investment Trust 3 (hereinafter “Investment Trust”), a collective investment entity of the idea-to-mar-mar-mar-mar-mar-mar-mar-mar-mar-mar-mar-mar-mar Asset Management Co., Ltd. (hereinafter “PFC mar-mar-mar-mar Asset Management”), and the Defendant submitted an investment application to the effect that “ApFC mar-mar-mar-mar-mar Asset Management” was stated in the column of the financial status of the said investment application, stating the estimated net profit of the year 2015.63 billion won, 14.3 billion won per 2012, 3.538.4.5 billion won.”

Then, on February 2014, the Defendant revealed that “The sales revenue in 2013 as a result of the provisional settlement of accounts was KRW 402.3.3 billion, and the net profit per month was KRW 37.7.7 billion.”

However, the actual 2012 sales amounted to KRW 13.0.4 billion. The actual 2012 sales amounted to approximately KRW 30.2 billion, and the actual 2012 net profit amount was about KRW 7.9 billion.

On the other hand, the sales amount in 2013 was reduced to KRW 74.1.6 billion, and the sales amount in 2013 was about KRW 32.8 billion. In fact, in the case of profit and loss in 2013, the net loss was recorded in the case of profit and loss in 2013, and the amount was about KRW 1.2 billion.

In light of the structure of the instant investment trust, the contracting party to the instant contract to acquire preferential stocks for repayment conversion, and the acquiring party to the said contract, which is the trust company of the instant investment trust on March 6, 2014, by deceiving the asset management of the idea B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-C-B-B-B-C-B-B-B-C-B

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