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(영문) 서울중앙지방법원 2013.05.24 2012고합849
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On January 12, 2012, the defendant was sentenced to two years of imprisonment and fine of 200 million won in Seoul High Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

Around July 22, 2008, the Defendant entered into an agreement with the victim to take over the F Hospital’s care of the F Hospital E through G and the victim H H through I, and the Defendant may give him a big benefit to the Defendant, in addition to the payment of the principal and interest, and the return of the profits, if the acquisition fund of 80 million won is financed for two months, the Defendant would not be able to give him a great benefit. The bond business operator also borrowed money under the name of the Defendant, thereby borrowing money under the name of the Defendant, and making the signature as a joint guarantor and making the land secured.”

However, on June 5, 2008, K’s representative director L entered into a contract for acquisition of shares and management rights (hereinafter “the first acquisition contract”) between N and N’s 2 million shares of M Co., Ltd., an affiliate company, J, O Co., Ltd., and P’s management right to acquire 25 billion won (hereinafter “the first acquisition contract”). On June 23, 2008, the Defendant again entered into a contract for acquisition of shares and management rights (hereinafter “the second acquisition contract”) with L to acquire approximately KRW 25% of the J’s shares and KRW 37 million of the J’s shares, and KRW 17 billion of the purchase price (hereinafter “the second acquisition contract”). Since L did not pay the second acquisition price and intermediate payment to L, the Defendant did not have the ability to obtain the Defendant’s share and property, even if the Defendant did not have the ability to obtain the Defendant’s share and property, the Defendant did not have any obligation to obtain the Defendant’s share and property.

After that, the defendant belongs to the above false statements.

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