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(영문) 수원지방법원 성남지원 2018.08.30 2017고단1622
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2017 Highest 1622]

1. The Defendant is a substantial operator of (State)B, whose main business is construction business.

On January 4, 2017, the Defendant has a lack of KRW 100 million in order to take over the KOSDAQ-listed corporations (main owners) E in the second floor of the Gangnam-gu Seoul Metropolitan Government C building to victims D.

The discussion about the contract with the LAE has been considerably conducted, and if there is an additional KRW 100 million, the above company may be accepted clearly.

If a person lends KRW 100 million, he/she will take over the above company and employ the victim or one person designated by that person as a director of the E (state).

“The purpose of this is to make a false statement.”

However, even if the Defendant borrowed 100 million won from the injured party, the Defendant did not have the intent to use it as the acquisition fund, and the Defendant did not have any circumstance to accept E clearly, so the Defendant did not have any intention or ability to employ the injured party as a director of E.

As such, the Defendant, by deceiving the victim, received 50 million won as the borrowed money from the victim to the SC bank account under the name of (State) B, namely, from the victim.

[2018 Height 10]

2. The Defendant is the Vice-Chairperson of F Co., Ltd., the purpose of which is real estate sale and lease business.

On June 2016, the Defendant, at the office of Gangnam-gu Seoul Metropolitan Government five-story, secured 30% of the shares by investing 26 billion won in acquiring (ju) I as an expert in corporate mergers, and was appointed as the president of the I (State).

(1) If the Fund is urgently required in the process of acceptance, it will be offered to be employed as a director of the I (State).

“A false statement” was made.

However, the Defendant did not have secured 30% of the shares by investing KRW 26 billion in I at the time (state) and did not have been appointed as the president of I, so the Defendant did not have any intent or ability to employ the victim as a director in I (state).

Nevertheless, the defendant belongs to the victim as above, and around June 27, 2016, the defendant was 50 million won from damage.

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