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(영문) 서울동부지방법원 2013.05.09 2012고단3152

사기

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and two months, and by imprisonment with prison labor for ten months.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

Defendant

A is the wife of Japan, the representative director of the I corporation for the purpose of sale, export, import, etc. of food containers, and the representative of the I corporation in the Republic of Korea. Defendant B is the vice versa of the above A and the person in charge of the management of the fund of the above company. Defendant C is the former director of the above company.

From March 7, 2010 to the above office of the company located in Gangdong-gu Seoul Metropolitan Government 123, the defendants conspired to export the above office of the company, and the fact that the defendant did not know about the financial situation of the company I and whether or not the business is operated in Japan, and even if he received the brokerage commission in advance from the victim M, even though he did not have the intent or ability to export the victim's 10 billion won organization to Japan, the defendant's employees N of the victim company did not have the intent or ability to export the 10 billion won organization to Japan. The defendant's employees N of the victim company's N, the husband of the company, is a Japanese large-scale company's business, such as the officers of Japan, and is a Japanese company-friendly company, Japan-friendly company, and it is the head office of the IB corporation operated by the J, thereby changing the brokerage commission in advance from the victim company.

3. Around 25.25. Around the same year, a bank account (O) in the name of the I Co., Ltd. received KRW 10 million and received KRW 220 million in total on seven occasions from around that time to October 14 of the same year and acquired it by deception.

Summary of Evidence

[Common]

1. Statements made by witnesses in the second protocol of the trial;

1. Some statements of the suspect interrogation protocol of Defendant B by the prosecution (second time)

1. Some statements of the suspect interrogation protocol of Defendant B by the prosecution (third time)

1. Entry of part of the protocol of interrogation of Defendant C by the prosecution as to Defendant C, and entry of N’s statement

1. Statement of the N in the police station;

1. Written complaint of a stock company;

1. Some of the written opinions;

1. A criminal investigation report (Submission of relevant data by a complainant);

1. A copy of a basic contract;