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(영문) 인천지방법원 2020.12.10 2019고합446
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for a period of two years and six months, and for a period of two years, each of the defendants B and C shall be punished.

except that this judgment.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

The Defendants, under the direction of Defendant A, carried out G development projects ordered by the F Association located in Si-si, Young-si (hereinafter referred to as “G development projects”) under the name of Defendant A (hereinafter referred to as “D”).

Defendant

B and Defendant C came to know of the victim I (hereinafter referred to as “victim”) while carrying out the business of purchasing Han-gu H-si H-si in January 2017.

Defendant

A With respect to the part of the facts charged by J Co., Ltd., the operator of G development projects, among the facts charged by J Co., Ltd., as to G development projects, the actual operator of G development projects is M Co., Ltd. (the representative N, one at the seat of the head office, and one at H, hereinafter referred to as “M”), and J Co., Ltd. (the representative director, one at the seat of the head office, and one at the seat of the head office; hereinafter referred to as “J”) appears to be a separate company established by theO who held office as the chairperson of M. As such, the issue of whether the actual operator was a J does not affect the guilt of the facts charged against the Defendants, and therefore, the relevant facts charged shall be partially revised and determined as described in

Around October 2016, the person who was requested by the J to purchase the enforcement authority, and the bond company introduced by Defendant B around October, 2016, issued a balance certificate of KRW 5 billion borrowed from the bond company introduced by Defendant B, and submitted it to the J, and then the fund cannot be raised in a normal way to use a kind of best payment to return to the bond company.

On February 2017, Defendant A requested Defendant B to raise funds equivalent to KRW 500 million in order to raise the purchase price of enforcement rights to be paid to J. In addition, Defendant B at the time of Defendant C’s proposal.

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