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(영문) 서울중앙지방법원 2012.08.16 2011고단6296
사기
Text

With respect to the crime of fraud against D, the defendants are punished by imprisonment of eight months, and they are against E and F in the judgment of the defendants A.

Reasons

Punishment of the crime

[Criminal Power] Defendants are those who jointly manage I Co., Ltd. on the seventh floor of the H building in Jung-gu Seoul Metropolitan Government.

Defendant

A on September 12, 2008, the Seoul High Court sentenced one year to a suspended sentence of three years for the offering of bribe at the Seoul High Court, which became final and conclusive on December 24, 2008. On December 2, 2011, the Seoul High Court sentenced seven years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court, and the said judgment became final and conclusive on April 13, 2012.

Defendant

B On September 12, 2008, the Seoul High Court sentenced three years to a suspended sentence of one year and six months for the offering of bribe at the Seoul High Court, which became final and conclusive on December 24, 2008. On December 2, 2011, the Seoul High Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court, which became final and conclusive on April 13, 2012.

[201st order6296] Defendant A stated, around October 23, 2009, that “I Co., Ltd. will purchase the first resale right of the said store and return 40 million won to the victim E and F as aground in the office of the I Co., Ltd. located in H in Jung-gu Seoul, Seoul. If I Co., Ltd. borrowed KRW 40 million at present, I Co., Ltd. will purchase the first floor store of the said K shop for the purpose of operating the pharmacy in one month. If I Co., Ltd. is short of funds to purchase the said store, I would like to purchase the first floor store for the purpose of operating the pharmacy.”

However, at the time, the Defendant did not purchase the shares of the remaining commercial buildings except the shares of the above K K K K's commercial building, and was unlikely to purchase them from the side of the Housing Redevelopment Association. The Defendant has already borrowed or invested the total amount of KRW 50-6 billion, including the expenses and operating expenses incurred in attracting foreign capital for the purchase of shares of the above commercial building association and its members.

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