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(영문) 서울남부지방법원 2016.11.11 2015고합350
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the instant facts charged is the actual manager of the Guro-gu Seoul Metropolitan Government G Building H (hereinafter “H”).

On August 21, 2010, the Defendant: (a) around 18:30, at the hotel coffee shop located in Jung-gu Seoul, Jung-gu, Seoul; (b) on August 21, 2010, the Defendant agreed that H will take over H in the K company; (c) however, the K company decided to make a bypass; (d) the K company considers the direct listing as well; (c) the price is 25,000 to 30,000 won at the end of each year; and (d) on August 22, 2010, the Defendant continued to pay the amount of investment equivalent to KRW 25,000,000 to the victim’s “H’s shareholder is included in L and Mdo; (d) the current stock price is at least KRW 8,000,000,000 per share at the end of each year; and (e) the amount at the end of each year is at least KRW 10,000,00 per share.

However, the Defendant did not agree with J to jointly operate the business, and was merely in the status of proposing a business related to the game money. Around May 20, 2010, the Defendant entered into a contract to acquire H’s shares and management rights at K companies (hereinafter “K companies”) with K companies (hereinafter “K companies”) on or around May 20, 2010, however, there was no agreement to make a bypass listing or direct listing of H’s shares, and H did not have to deposit an investment amount equivalent to KRW 10 million in the United States. At the time, H did not have to pay the rent, employee’s pay, retirement allowance, health insurance premium, and employment insurance amount, which are essential items for the operation of the company. As of June 30, 2010, the payable amount is equivalent to KRW 823,242,32,000,000,0000,000,000 affiliated companies, and did not constitute a bypassing or direct offering of collateral.

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