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(영문) 서울중앙지방법원 2016.04.28 2015고합322 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is that when the Defendants paid the victim G the interest of the investment fund, they would attract the investment fund to H Co., Ltd. (hereinafter “H”) with the representative director.

The purpose of this paper is to obtain money by fraud.

On March 20, 2013, the Defendants used the promissory notes issued by us (hereinafter “I”) equivalent to KRW 500,000 in the face value of 50,000,000 for the acquisition fund of J Co., Ltd. (hereinafter “J”), and invested KRW 2 billion in H, operated by us, after taking over J.

If the J does not accept the said Promissory Notes, the said Promissory Notes would be returned to the Party by March 29, 2013.

However, even if the Defendants received the said promissory note from the injured party, they did not have the intent or ability to take over the said promissory note with the acquisition fund of the J or invest KRW 2 billion in H. However, even if the said promissory note was not accepted by the J, the Defendants did not have the intent or ability to return the said promissory note to the injured party as agreed.

Nevertheless, on March 26, 2013, the Defendants were issued a promissory note with a face value of KRW 500 million (hereinafter “instant promissory note”) from the victim by deceiving the victim as above, and the Defendants were delivered from the victim.

Accordingly, the Defendants conspired to acquire the property by deceiving the victim.

2. The summary of the Defendants and the defense counsel’s assertion is to use the Promissory Notes amounting to KRW 500 million at the face value of I issued by G in order to accept the Promissory Notes for J merger, and to invest the Promissory Notes amounting to KRW 2 billion at the H run by the Party after the completion of the merger.

If an investment does not proceed, a promissory note shall be issued until March 29, 2013.

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