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(영문) 서울중앙지방법원 2017.03.17 2016고단881
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 20, 208, the Defendant entered into a contract for G business (hereinafter referred to as the “instant development project”) with E as the representative director of E Co., Ltd., with a loan of KRW 67 billion from six financial institutions, including E Asset Management Co., Ltd. (hereinafter “the instant private equity fund”); and the Defendant entered into a contract for G business (hereinafter referred to as “the instant development project”) with a company with a view to newly constructing a building with the total floor area of KRW 16,705.97 square meters above the ground area (hereinafter referred to as “the instant building”) at the local site of the U.S.-Gu Gu, Gu, U.S., where the Defendant is a company implementing F in the U.S.’s Gu, Gu, which is located under the jurisdiction of the Defendant.

However, while the construction of the instant building was completed by approximately 80%, the private equity fund of this case filed an application for auction on six real estate, including the instant building and site (hereinafter “the instant real estate”) on the part of the private equity fund, and was awarded a successful bid on October 9, 2012 at H H, a company of the Philippines, and the E, the original owner of the instant real estate, who was the original owner of the instant real estate, had the authority to recover the instant real estate from the successful bidder until October 8, 2013, within 12 months from the date of the successful bid.

On May 9, 2013, at the defendant's office located in Gangnam-gu Seoul Metropolitan Government I, the victim J stated that "No. A newly built a two-story duty-free shop in the Guam, the shop occupants are almost final and conclusive, and the right to sell part of the remaining buildings except the duty-free shop is reduced to KRW 300 million."

However, at the time, the defendant held the right to refund the real estate of this case within a one-year period, but it was anticipated that the funds of 24 billion won will be required to exercise the right to refund. In addition, even though the sale price of the duty-free shop becomes final and conclusive on the investment securities, the defendant attempted to loan 50 billion won.

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