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(영문) 서울중앙지방법원 2016.05.20 2015고합1121
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. Around September 2012, the Defendant is the president of H (hereinafter “H”) a foundation that received a charnel located in both cities of Gyeonggi-do from G (hereinafter “G”) as a foundation foundation (hereinafter “H”), and the victim I was the actual president of J (hereinafter “J”) as the victim J (hereinafter “J”). Since 2009, the J received part of the K Co., Ltd. (hereinafter “K”), Si Co., Ltd. (hereinafter “K”), Si Co., Ltd. (hereinafter “L”), G Co., Ltd. (hereinafter “L”), the business owner’s subcontracting.

At the time, K had been engaged in the business with a loan of 12 billion won from M mutual savings banks, but it was not possible to complete the construction as planned due to the shortage of funds. The victim performed the construction work with a total of 1.328 billion won on the condition that only the access road to a charnel is repaid in preference to all other obligations, and the victim was registered as K and G directors in order to secure its implementation.

In order to operate a Korea-style charnel project, permission is necessary, and G is an incorporated foundation located in the Gyeongbuk-do, so it is unnecessary to permit the establishment of a charnel project in Gyeonggi-do and the establishment of a foundation also received notification of non-permission from the Gyeonggi-do Office on February 2012.

around August 2012, the defendant will take over the former obligations of G in the main place after entering into a sales contract with M Savings Bank's office located in Gangnam-gu Seoul N, I and K president by transferring the name of a charnel.

In order to ensure appropriate profits, H concludes an agreement with the purport of purchasing rights, such as the right to use mountainous districts, the right to use mountainous districts, the right to use grassland, and the right to construct a house in P in Yangju-si, stating that “I will leave the office of the president after completion of the contract and authorization so that the related parties may operate under consultation,” and at least KRW 3 billion,480,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, from September 20, 2012;

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