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(영문) 서울중앙지방법원 2015.05.15 2014고합695
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A shall be punished by imprisonment for two years.

Defendant

A shall pay 500,000,000 won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

Defendant

A on March 18, 2010, the Seoul High Court sentenced two years and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in Seoul High Court, and the judgment became final and conclusive on August 26, 2010.

Defendant

A The actual operator of F Co., Ltd. (hereinafter referred to as “F”), Kazakh real estate development business for film production and media business, etc., G Co., Ltd. (hereinafter referred to as “G”), and H Co., Ltd. (hereinafter referred to as “H”), the purpose of which is the interference and management of postponed, was to be responsible for the overall management.

Defendant

A around June 2007, at the J restaurant located in Gangnam-gu Seoul Metropolitan Government I, the victim E (n, 44 years old) stated that “The project is being promoted to build a primary complex building in the present Kazakhstan. The purchase of land has been completed almost, and the land to be purchased has been finally purchased. The investment of KRW 500,000,000,000,000,000,000,000 won.

However, in fact, Defendant A failed to obtain particular profits while operating F, G, and H, while Defendant A, without offering any collateral from K Bank (hereinafter “K Bank”), incurred an excessive amount of debt, such as KRW 5 billion around April 2006, KRW 2 billion around July 2006, KRW 6.5 billion around July 2007, KRW 13.5 billion in total, and KRW 6.5 billion around July 2007, the project fund was insufficient.

Accordingly, even if Defendant A received the above money from the victim, he did not intend to use the said money as a cost necessary for film production or operation of the said company, and thus, Defendant A did not intend to use it as a cost for purchasing the said company’s land. The new apartment construction project of Kazaktan did not purchase a part of the land by lending the bonds held by B as a security, and not complete the securing of the site. Since the project financing loan from the financial institution was not made, Defendant A would repay 30% of the investment money to the profit.

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