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(영문) 광주고등법원 2014.11.13 2014노186
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant received KRW 60 million from the victim under the pretext of transfer of the future capital stock owned by him, even if the transfer of the above shares is not recognized, he returned KRW 70 million to the victim on July 18, 2012. ② The Defendant received the remainder of the amount indicated in this part of the facts charged, excluding the above KRW 60 million from the victim who invested by the method of acquiring G shares. The Defendant had the right to dispose of the said shares as the actual owner of G, and the business conducted by G at the time was more than KRW 300,00,000. Furthermore, the Defendant received KRW 830,140,000 from the victim under the pretext of transfer, including the amount stated in this part of the facts charged, and later delivered KRW 200,000,000 to the victim under the pretext of return of the principal amount of KRW 20,000.

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