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(영문) 서울중앙지방법원 2016.05.26 2015고합434
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant B is the representative director of Company I (hereinafter “I”), and Defendant A is a person who has worked as a managing director in charge of capital I.

I established a civil engineering project on September 192 as its main business purpose and added housing construction and housing supply business to around April 2000 and has been stable growth through housing construction until around 2005. During that process, Seongbuk-gu Seoul JJ purchased a site and promote new apartment construction and sales business (hereinafter “instant K business”). However, due to the land owners who display the so-called “almbling” behavior, I paid financial costs for the purchase of land exceeding KRW 10 billion.

Since September 208, the U.S. financial crisis, the domestic real estate subscription market was put into a brush, the Defendants suffered sales loss equivalent to KRW 14 billion due to the causes such as the inevitable sale discount in relation to the K business of this case, and the sale rate was lower than expected. As a result, L’s liabilities arising from the debt incurred in the process of promoting the purchase of L-owned land for the apartment construction project, seizure of the corporate account in the name of I, making it impossible to trade with the corporate passbook in 2009, the Defendants issued a so-called “credit bill” issued for financing purposes without real transactions to raise funds for the purpose of financing funds.

The Defendants conspired in collusion with the Defendants, at the I Office located in Dongjak-gu Seoul Metropolitan Government on January 7, 2009, the victim N is a company that operates funds of Suwon billion won as if there is no problem in I’s liquidity and the principal and interest are normally paid on the due date of the relevant bill provided as security.

To offer bills as security issued by the Company.

A loan shall be provided as security for money.

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