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(영문) 서울중앙지방법원 2014.07.15 2013고단6893
사기
Text

The accused shall dismiss an application for compensation by the applicant for compensation of the acquitted;

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the F Co., Ltd. (hereinafter “F”), was jointly engaged in a project for newly constructing and selling the H, a main complex building (hereinafter “instant development project”) on the land of approximately 12,000 square meters in size located in the National Snannan Republic of Mongolian located in the government of Mongolia (hereinafter “land expected to be developed”). On January 12, 2009, G concluded a memorandum with the G on January 12, 2009.

On February 13, 2009, the Defendant entered into a joint agreement with the right of school guarantee to “the intent of project financing (hereinafter “PF”) with the loan limit of USD 1,50,000,000, and on March 11, 2009, G is responsible for the investment in the land scheduled for development of this case and the authorization, permission, etc. of development activities, and F is responsible for all the funds including the expenses required for the loan of the authorization and permission, and the joint establishment of a special purpose corporation (SPC) for the development of the instant development project.” On April 24, 2009, the Defendant received a letter of intent to participate in construction from Samsung Heavy Industries.

However, the “PF loan intent” of the educational guarantee right stipulates, as a premise for participation, the “the completion of all authorizations and permissions for the whole land scheduled for development and the guarantee of payment for the city construction work” as a condition for participation, and the “the completion of authorizations” as a condition for participation in the construction participation letter by Samsung Heavy Industries, the Defendant first obtained authorizations for the instant development project in order to select the city construction project and obtain the PF loan. For this purpose, the Defendant provided the intermediate design, etc. to G, and the Defendant did not have any financial resources for the amount of KRW 4 billion to be spent for the design cost without the PF loan.

In addition, among the land scheduled for development of this case.

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