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(영문) 수원지방법원 성남지원 2016.12.07 2015고단50
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 160 million won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

The defendant is the person who was the Chairperson of D.

1. Around 18:00 on August 7, 2008, the Defendant told the victim C who met with the introduction of the above F representative G to the FF office in Gangnam-gu Seoul, that “I will repay the amount within two months with the interest if I lend KRW 100 million as I urgently needed to acquire the company.”

However, from 2002, the Defendant was in a state of bad credit standing due to D's default on D's (State) foreign convertible bonds (CB) and was suspected of violating the Securities and Exchange Act related to D's overseas issuance.

In particular, the Defendant attempted to take over H from April 2008 to KRW 10 billion, but the prosecution investigation of H, a real manager of H, was conducted under the condition that the amount of KRW 7 billion of the financial support for the acquisition of a securities company, and H’s defenses through preferred shares, even if he borrowed money from the victim, there was no intention or ability to complete the acquisition within 2 months and repay the borrowed money.

Nevertheless, as the Defendant completed the acquisition work within two months and repaid the borrowed money, the Defendant made a false statement to the victim as above, and received 100 million won from the victim to the bank account in the name of J, and acquired it.

2. On October 12, 2012, the Defendant called “10 million won, 5 million won, i.e., the payment of 100 million won, i.e., the payment of 100 million won,” by phoneing the victim C at G apartment in Seongbuk-gu, Sungnam-si, Sungnam-si.

However, the defendant was in bad credit standing even at the time, and there was no income or property, so even if he borrowed money from the victim, he did not have the intent or ability to pay it.

Nevertheless, the Defendant made a false statement to the victim, and received five million won from the victim to the single bank account in the name of the Defendant L, which belongs to this day.

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