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(영문) 서울중앙지방법원 2018.02.13 2016고합1120
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants are not guilty. The summary of the judgment is individually disclosed.

Reasons

1. The summary of the facts charged is Defendant B’s representative director, and Defendant A’s person who conducted the business of underwriting H.

The Defendants, while acquiring the Dispute Resolution I and the Dispute Resolution I, received a repayment of KRW 750,00,000 from the victim K to the Dispute Resolution I, and conspired to acquire money from the victims, knowing that the victim L has received a repayment of KRW 150,000,000,000 that it lent to the Dispute Resolution Council.

A. On July 31, 2015, Defendant B, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim K, stated that “A shall pay interest at 12% per annum to the victim at the 11st floor of the Gangnam-gu Seoul Metropolitan Government M& M. H office for the 11st floor of the M. M. and would pay the principal to the victim by September 10, 2015, and the Defendant written a letter of loan with the victim that he would pay the above money to the victim.

However, in fact, Defendant B did not have any particular property, Defendant A did not have any tax amounting to KRW 10.7 billion, and Defendant A did not have any intent or ability to pay such tax even if the property of Defendant A was seized to borrow money from the injured party.

The Defendants received from the injured party a delivery of KRW 750 million from the seat, namely, KRW 750 million.

As a result, the Defendants conspired to receive the property of the victim.

B. On July 30, 2015, Defendant B entered into a false statement with the victim “A shall pay interest at the rate of 12% per annum on the loan of money that is required to pay to the victim, and by January 29, 2016, Defendant B made a false statement with the victim “A shall pay the principal by January 29, 2016,” and Defendant A drafted a certificate of loan with the victim’s repayment of the said money.

However, the Defendants did not have any intent or ability to repay the above even if they borrowed money from the injured party.

The Defendants received 200 million won from the injured party.

As a result, the Defendants conspired to receive the property of the victim.

2. Summary of the defendants and defense counsel's assertion

A. Defendant A.

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