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(영문) 서울중앙지방법원 2015.08.20 2014고합1374 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

The summary of the facts charged is that the Defendants were in-house directors of H Co., Ltd. (hereinafter “H”) (hereinafter “H”), and in all cases, the name of the corporation from the second entry is omitted).

1. The Defendants’ co-principal

A. The Defendants issued an investment contract to the victim I, stating to the effect that “When investing KRW 100 million in the H J (a business that H’s mining industry is engaged in civil engineering works in the field of K’s lighting industry; hereinafter “J”) by April 30, 2010, the Defendants would pay KRW 100 million of the invested principal in cash and assign KRW 2% of the H’s equity to the Party.” This means that L, A, and B will not undertake unlimited liability.”

However, in fact, H did not have an organization, human resources, funds, etc. to promote L/M business, and could not proceed with business due to the bank's failure to provide loans. It was thought that money invested from the victim would not be used as loan costs, etc. in relation to the project for the development of a mushroom cultivation complex operated by M& N Co., Ltd. (hereinafter "N"), and it did not have the intent or ability to actually transfer the principal and interest to the victim by using the above J business.

Nevertheless, around April 5, 2010, the Defendants conspired to deception the victim, thereby deceiving the victim, and then deceiving the victim from the victim to the national bank account in H’s name, 90 million won after deducting 10 million won from the advance interest.

B. On July 2010, the Defendants acquired the victim I’s right to sell Q Q, a main complex of the P University located in Seodaemun-gu O (hereinafter “RA”) as a sales agent in front of the P University located in Seodaemun-gu.

From July to July, and 20 billion won is loaned.

If 300 million won is invested in the process of selling agency, 40% of the principal shall be paid to the Haman up to August 2010, and 60% of the principal shall be paid to the Haman up to October 201, and later.

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