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(영문) 서울중앙지방법원 2015.11.13 2014고단4260
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 13, 2012, the Defendant entered into a contract with the representative director G, a FF Co., Ltd. (hereinafter referred to as “F”) operating the “E golf course” in Chungcheongnam-si (hereinafter referred to as “F”), to acquire F stocks and management rights for KRW 5.5 billion. The Defendant, upon receiving membership rights issued at will by G and obtained loans from financial institutions in the name of the company and used them for the acquisition fund of the said golf course.

On the other hand, around June 2012, the Defendant: (a) transferred the Victim I and H’s subsidiaries, the representative director of H (hereinafter “H”) to KRW 700 million; (b) entered into a contract to invest KRW 1.7 billion in K operated by the victim I; and (c) paid the victim’s payment of the construction cost as K EM, which is in progress by the victim L; and (d) did not pay the J acceptance payment and K investment payment that was promised to the victim I by September 2012; and (e) did not pay the victim L the construction cost of KRW 300 million to the victim.

1. Around August 2012, the Defendant against the victim I presented to the victim I four copies of the E golf course membership received from G from the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government, with the proposal that “The investment is delayed, and the Plaintiff obtained a loan from a bank as collateral and obtained it as soon as possible, because he/she would be able to acquire the E golf course in the impulse,” and the victim I received a loan of KRW 400 million in the name of H, which was operated by the victim I on the basis of the victim’s credit, around September 10, 2012.

On September 10, 2012, the defendant called the victim I to take over the E golf course, and paid 500 million won first as down payment and registered as the representative director.

If only KRW 300 million is lent for use as down payment, the F.I.D. run the E golf course in Korea.

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