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(영문) 서울남부지방법원 2019.03.22 2018고합364
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for two years and six months, and by imprisonment for a crime of the 2018Gohap364 case.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

[Criminal Power] On June 9, 2016, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Southern District Court and three years of suspended execution, and the judgment became final and conclusive on August 1, 2016.

【Criminal Facts】

The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - the defendant was introduced to the representative director of the E Co., Ltd. (E) (E), the victim F is the G representative director of the G Co., Ltd. and the victim B as the representative director of H, etc., and the victims are those who can raise large amount of overseas funds in the process of promoting new construction and sale of Chinese I.

around June 2014, the Defendant, at the Yeongdeungpo-gu Seoul Metropolitan Government J and K E office, “If only the substance of the I new construction and operation project in China is confirmed, the necessary project cost may be raised through international financing regardless of USD 100 million or more,” and “for financing, 3% commission is required, and 1% should be deposited in the law firm’s account. This fee is not paid in advance and shall be deposited in the law firm’s account. There is no need to know about whether the project funds will be withdrawn after the actual financing,” “10 million US dollars will be invested in the business fund,” “1.5 billion US dollars will be issued at the same time, and the victims will be issued at the same time within 40 million US dollars,” and “the 100 million US dollars will be issued within 100 million US dollars and KRW 100,000,000 from the date of the investment bond and KRW 100,000,000,000.”

However, the Defendant had no experience in attracting large amount of foreign capital.

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