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(영문) 서울남부지방법원 2016.03.17 2015고합349
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall pay the applicant C the amount of KRW 200,000,000 to the applicant C.

Reasons

Punishment of the crime

The Defendant and G, and H established K on August 23, 2013 to implement the project by leasing the three floors of the building located in the Geumcheon-gu Seoul High Court (hereinafter “instant building”) of Geumcheon-gu Seoul High Court on a total of KRW 6,514.64 square meters ( approximately KRW 1,970.65 square meters) and planning to operate the business of creating and selling six-one string clothes discount store, and to implement the project.

The Defendant agreed to take charge of the overall management of the removal and remodeling of existing facilities, G has been jointly operated, while holding 20% of the shares of K Co., Ltd., including the securing of clothing for sale, the recruitment of employees, the management of funds, the sale of commercial buildings, the securing of investors, and the management of funds.

1. The criminal conduct committed by the Defendant, G and H (hereinafter “Defendant, etc.”)

A. The Defendant, etc., who acquired the pecuniary advantage equivalent to the construction cost, offered a public offering for the acquisition of the benefit equivalent to the construction cost by allowing another person to acquire the benefit of the construction cost, although there is no intent or ability

According to the above public offering, the Defendant would pay KRW 1,448,70,000 to the third floor of the instant building on November 15, 2013 to M of the victim L representative director of the Plaintiff Co., Ltd. (hereinafter referred to as “the victim L/C”) by December 31, 2013.

“A false representation was made.”

Accordingly, the victim L, a corporation, around November 15, 2013 and around December 23, 2013, was engaged in construction work equivalent to KRW 1,002,471,426, and the defendant et al. paid KRW 11,00,000,000 out of the construction cost, thereby acquiring property profits equivalent to KRW 892,471,426.

Defendant

In addition, after concluding the construction contract as described in the attached list of crimes, the victim N (O) did not pay the cost of construction of KRW 88,412,577, 47,500,000 to the victim P Co., Ltd., and the victim Q Q., 250,49,246.

B. The fact that the Defendant, etc. is the nominal defraudation of the borrowed money, etc. is to be paid to L corporation by December 15, 2013.

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