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(영문) 서울중앙지방법원 2019.02.15 2017고합1062
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to a suspended sentence of one year of imprisonment for fraud at the Seoul Central District Court on August 13, 2015, and on September 7, 2016, Defendant A is still under suspended sentence.

【Criminal Facts】

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

Defendant

A served as a financial expert while serving as C director, and Defendant B, as the D representative director, became aware of the fact in the F Elementary School parent group, which is the E University attached to E University, around May 2013.

Defendant

B around September 25, 2013, at the victim M's house located in Gangnam-gu Seoul Building and the Gangnam-gu Seoul Metropolitan Government (H) and the victim's house, “B shall pay the principal and 4% interest by March 25, 2014 if the purchase cost of the listed company was to be incurred and the listed company is to be paid by 1 billion won until March 25, 2014,” and Defendant A, who was next to the above, made a false statement to the victim that “I have worked in a financial company in the U.S. as a financial expert, and if the listed company is acquired in Korea, I will immediately pay KRW 1 billion by causing the financing, and as a security therefor, Gangnam-gu Seoul Metropolitan Government's apartment rent deposit 390,000,000 won will be provided.”

However, the Defendants had not promoted the acquisition of KOSDAQ-listed companies at the time. The Defendants did not notify the victims of the above apartment loan amounting to KRW 390,000,000,000 as security, despite having already received a loan equivalent to KRW 150,000,000,000,000 from the said apartment loan. Defendant A would have to pay the amount of KRW 600,000,000 out of KRW 1 billion borrowed from the victim as the existing debt repayment with respect to L, and the said amount of KRW 30,00,000 as the date of promise to be used for the purpose

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