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(영문) 서울중앙지방법원 2019.01.10 2018고합653
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the representative director of Company B (hereinafter “B”), and Company C is the representative director of Company D (hereinafter “D”).

The Defendant, together with C, was willing to raise investment funds for B’s business to acquire and sell patent rights of engines.

From July 4, 2006 to December 26, 2007, the Defendant, along with C and D’s directors and headquarters directors, acquired Roster Engines from the victim F, etc. to the victim F, etc., “B and D” (hereinafter “G”), who conducted research and development in German company G (hereinafter “G”), and issued a certificate of issuance and storage of stocks equivalent to the investment amount (stock subscription price) to the Plaintiff F, etc. When Roster Engines exclusively manufacture and sell the most advanced generation engine, the Defendant would bring 10 to 100 times of listing our stocks when she exclusively sells and sells the latest high-tech generation engine. The Defendant would make a false statement to the effect that only holding the exclusive business right of the Loter Engines is worth several trillion won, and thus, made investments in the business related to the Guro engine promoted by B and D, the Defendant issued a certificate of issuance and storage of stocks equivalent to the investment amount.

However, in fact, the business structure of D is 35% of the investment funds received from investors, 35% of the investment funds is divided into the officers, the head of the headquarters, and the sales team. Of the investment funds, 55% of the investment funds is paid as licensing expenses, etc. to B and the defendant who acquired the business exclusive business rights in Liter engine Asia. Of the investment funds, the remainder of 10% of the investment funds is also paid as executive officers and employees' wages, corporation card expenses, purchase cost of external vehicles, office rent, etc., and there was no balance of investment funds to be invested in the establishment of a factory for the purpose of exclusive manufacture and sale, etc., and there was no possibility of causing sales or realizing profits. As a result, D's listing was impossible, and D's securing licenses.

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