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(영문) 부산지방법원 동부지원 2018.01.16 2017고합109
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. H’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against H - The Defendants, such as LNG pipeline construction, etc., conspired to commit a business to construct a pipeline at the bottom of 600km length between J and K and store and sell LNG and store and sell it in the Republic of Korea, such as Busan, while Russia, Japan, and Korea jointly make an investment and the shares in Korea are 15%.

After completing the discussions with L and Russia L and Russia Chairman, I and Russia subsidiaries, I will conclude an investment contract and establish a special purpose corporation (SPC) in order to carry out the project by undergoing a review on feasibility already between I and Russia.

B Since L and several years have passed, the president secured 15% of the shares in Korea, and it is expected that annual sales of the water trillion won will occur, so 15% of the profits from the shares in 15% will also be strict.

First of all, if a special purpose corporation invests KRW 500 million in capital and makes an additional investment, part of Korean shares will be divided according to the investment amount.

A false statement was made to the effect that “I believe and make an investment that I will immediately return the investment money if I do not establish a special purpose corporation within six months.”

However, in fact, ① at the time, LNG pipeline construction project between J and K was discussed for several hundreds of years in K and its feasibility has not been verified due to the failure to secure the LNG gas industry, risks of submarine earthquakes, etc., sales office's inefficiency, etc., and ② the investment contract was not concluded because it did not consult on investment conditions between I and Russia M subsidiaries, so it was not determined whether to establish a special purpose corporation for the progress of the project, and ③ Defendant A's business operation is limited to the work agreement with which the highest quantity company in Korea, which is capable of operating I and I, can be selected.

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