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(영문) 서울중앙지방법원 2017.08.31 2016고합93
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On May 1, 2013, the defendant was sentenced to 4 years of imprisonment with prison labor and 3 million won of fine by the Seoul High Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the above judgment was finalized on June 27, 2013.

[2] The Defendant, upon receiving recommendation from G, H, etc. to operate the I business in Dobong-gu Seoul Metropolitan Government, was already offered as security to a third party, and was willing to raise funds necessary for the I business as if the blade copy of the investment certificate had no value as security was the original.

On July 22, 2010, the Defendant issued a copy of the investment certificate in the name of L/ and L/ and L/ and L/C investment company in the name of L/C investment company in the name of L/C investment company in the name of L/C investment company in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the form of “80,000 won in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund in the private equity fund

“The phrase “ was false.”

However, on August 3, 2007, the original copy of the above investment certificate was already offered by the Defendant as security while raising funds of KRW 10 billion from the newly issued securities which he had been aware of, and offered as security to the Defendant. From then to February 2, 2009, the original copy of the investment certificate was in the state of being loans worth KRW 11 billion in total from two financial institutions, including mutual savings banks, etc. as security. Therefore, this part of the written indictment of this case stated as follows: “The said fact was concealed until April 2009, and the said investment certificate was in the state of being loans of KRW 16.8 billion in total from four financial institutions, including mutual savings banks, as security.”

(b).

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