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(영문) 서울중앙지방법원 2017.11.29 2017고합564
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for three and a half years, and imprisonment with labor for defendant B for three years.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court on May 29, 2015, and the above judgment became final and conclusive on December 29, 2016.

Defendant

B On December 14, 2013, the Seoul Eastern District Court sentenced a suspended sentence of one year to four months of embezzlement, and the said judgment became final and conclusive on January 1, 2014.

Defendant A, the representative director of the F Co., Ltd. (hereinafter referred to as “F”), the victim G, who is the representative director of the F Co., Ltd. (hereinafter referred to as “F”), was approaching the victim on the ground that the victim G, who was the victim’s representative director, intends to obtain a loan of the F Co., Ltd. as security by taking out the company’s stocks, and Defendant B was the representative director, and the victim was approaching the victim on the ground that it was the victim’s financial power of several hundred billion Won, and the victim was provided with F Co., Ltd. as security, the victim would lend KRW 1 billion of the company’s operating fund and normally keep F Co., Ltd. as security until the repayment date. As such, Defendant B conspiredd the victim with B to acquire KRW 1.0 billion from the bond manager and KRW 1.44 billion of the company’s stocks as security at the market price.

The Defendants, together with the F Office located in Gangnam-gu Seoul on March 18, 2013, enter into a loan agreement with the victim as 2% of monthly interest rate of 1 billion won and 3 months of the lending period, and Defendant B, “F shares offered as security,” and “F shares, 800,0000 won, which are held as security, shall be kept in real until the due date, and if the total market price of the shares falls below the agreed bond security ratio (120%), the shares shall be disposed of at will and appropriated for repayment.

Defendant A refers to “B’s father has a total of KRW 00 million, and Defendant A has a financial capacity to make an investment in the apartment execution business, so even if shares are received as security, there is no disposal or problem to the absolute bondholder.

“.....”

However, the Defendants are not guilty.

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