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(영문) 서울중앙지방법원 2014.10.23 2014고합773
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 3, 2009, the defendant was sentenced to a suspended sentence of one year and six months to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in Seoul High Court on December 3, 2009, and the judgment was finalized on December 4, 2009, and on June 27, 2013, the Seoul Central District Court sentenced a imprisonment of one year and six months to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on January 23, 2014.

1. On July 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the victim E to the effect that “If it lends KRW 1 billion to the management fund of the company in the Yeongdeungpo-gu Seoul Metropolitan Government, it would pay KRW 1.5 billion including interest KRW 500 million after six months after the date of the loan of KRW 1 billion to the management fund of the company in the Yeongdeungpo-gu Seoul Metropolitan Government. If it issues or issues corporate bonds of the Dispute Resolution Co., Ltd. or issues capital increase with capital increase, it would be difficult to know that cash would be repaid.

However, in the process of accepting the above newspaper, the defendant borrowed and paid the 11 billion won intermediate payment of the 11 billion won intermediate payment around the victim, and was planned to use the borrowed money for the payment of the above intermediate payment.

In addition, the above newspaper company did not seem to have accumulated the enemy from the time of acquisition, and the management situation was not improved, and the share price was not at a short time increased, and there was no other property owned by the defendant, and even if the defendant borrowed money from the victim, the defendant did not have any intent or ability to repay the money as agreed.

The Defendant was granted KRW 600,000,000 from the new bank account (Account Number:F) in the name of the Defendant, around July 13, 2007, KRW 400,000,000,000 around July 23, 2007, and KRW 1 billion.

2. The Defendant, on Nov. 1, 2007, borrowed 100 million won (10 million won) from the Defendant’s first police officer to take over G Co., Ltd., a listed company, as the situation requires the balance of KRW 100 million (100 million) and then 1 month (1 month).

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