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(영문) 서울중앙지방법원 2016.02.17 2014고합1396
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

Reasons

The summary of the facts charged is as follows; Defendant B and Defendant B were the representative director of L Co., Ltd. (hereinafter “L”) around April 2008; Defendant A worked as L’s director around that time; and Defendant A entered into a real estate agreement with O who represented the land JN around April 21, 2008 in order to develop the Incheon Cheongjin-gun M as a golf course (hereinafter “the instant golf course development project”); KRW 30 million; KRW 27 billion; KRW 27 billion; and KRW 27 billion; however, Defendant B paid 30 million toO on the same day as of May 13, 2008, in order to obtain a PF loan from the P organization even though there was no ability to pay the down payment at the time; and Defendant A received a false receipt as if the sales agreement and the down payment was paid at around May 13, 2008.

As above, the Defendants paid only small amount of contract deposit as to the site to be developed at a golf course and did not have the intent or ability to prepare the remaining 2.7 billion won down payment, the Defendants were issued a certificate of business participation as if it would be possible to participate in the business through the lending of PF for land price, etc. as if the PF was paid to the P organization as if the down payment was paid by the P organization, and were committed as if it would be possible to borrow money from the victim Q without any problems.

On May 23, 2008, the Defendants shown the victim’s confirmation that the PF loans will be made clear from P organization in relation to the Yeongdeungpodo golf course development project at the L Office located in Seocho-gu Seoul, Seocho-gu, Seoul, and “The instant project has already been made clear from P organization.

If 600 million won is invested, it will be used as the balance of land of golf courses, and the amount of 600 million won invested immediately after receiving a loan of 35 billion won from a P organization by June 30, 2008 and 900 million won in total, and 300 million won in earnings.

“The purpose was to make false statements.”

However, as seen earlier, the Defendants are paying down the down payment on the scheduled site of the golf course.

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