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(영문) 광주지방법원 순천지원 2018.12.13 2018고단1026
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Presumption of Facts] The Defendant was a person of Vietnam’s nationality and had the nationality of the Republic of Korea in the name of “G” until January 21, 2014.

On January 13, 2012, the Defendant established H (hereinafter “H”) as an agricultural company for the purpose of distributing, processing, selling, etc. crops and operated H as the representative director of the said H by July 24, 2016 from that time.

On August 2013, the Defendant purchased 65% of the shares of I (hereinafter referred to as “I”) from the Dispute Settlement Bank of Korea (Representative K) and held 65% of the shares of I in the said H, and during the same period, the victim L and the Dispute Settlement Bank M&D operated by the victim L and the victim received a claim against the said K with the I shares in lieu of the I shares, thereby acquiring 35% of the shares of I shares (M 18.09% and 16.08% of the victim).

On the other hand, I's main assets were 5,00 p.m. land leased from Cambodia to 70 years, and the long-term terms and conditions of the above farm should be reclaimed by 200 p.m. from the above land until 2014. The Defendant developed 2,00 p.m. from the leased land, such as clearing the land into farmland, creating roads and drainage facilities, and thereafter, the victim "at least 2,000 p.m. was required to develop the above land, and the value of the farm has increased above, so that the value of the farm was transferred without compensation." However, the victim who confirmed the developed farm could not know about the actual amount of investment, and could not know about whether the amount of investment was actually invested, and could not know about whether the amount of investment was debts owed by I, thereby deceiving the victim to receive shares free of charge."

[Criminal facts]

1. The Defendant’s fraud is the victim on May 2, 2014.

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