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(영문) 부산지방법원 동부지원 2017.12.05 2017고합120
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

The defendant does not have a certain occupation as a Korean national residing in China.

In collusion with L, the Defendant, while running a large-scale private equity fund in China, knew that the victim P, a company that operated a housing development project in Cambodia through M, N,O, etc. needs to raise a large amount of funds to raise development funds, and attempted to request P to access the company and obtain money as a fee for financing, with the knowledge that it is necessary for the victim P, a company that operated a housing development project in Cambodia to raise funds.

From November 19, 2016, the Defendant issued a letter of credit equivalent to 65 billion US dollars at the bank of Hong Congo ICBC (Korea US$ 75 billion) to Q&R, a local subsidiary of the above P, Cambodia, Inc. at the time of the Chinese trial around November 19, 2016. To this end, the Defendant would first pay 1 billion US dollars at the financial fee equivalent to 1.33% of the loan. The Defendant would first pay the financial fee prior to the issuance of the letter of credit. The credit amounting to 65 million US dollars will be issued without mold.

“.........”

However, in fact, the Defendant did not manage a large-scale private equity fund in China, and it is impossible to obtain a letter of credit equivalent to US$ 65 million from the Hong Congo ICBC bank without sufficient collateral or business entity, and the Defendant, without the ability to promote or successful such work, was thought to be used for personal purposes by receiving money from P Co., Ltd. as a fee, and thus, it was false.

In collusion with L, the Defendant deceiving P Co., Ltd. (hereinafter referred to as “victim”) on the part of the victimized Co., Ltd., and obtained from the victimized Co., Ltd. on or around March 16, 2017, the Defendant acquired one copy of the face value of the issuance of the National Bank through O from the Incheon-si, China, and then acquired it from the Defendant. The facts charged by the prosecutor are not stated as the Defendant’s accomplice.

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