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(영문) 서울중앙지방법원 2013.10.07 2011고단7578

사기

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant A is the representative director of the company called (State)D, and Defendant B is the representative director of the same company.

At around 19:00 on December 20, 2010, the Defendants introduced that: (a) at the “F restaurant located in Seoul E; (b) the victim H operating company G with the intelligent traffic information system installation company; (c) they are the representative director and the managing director of D, the subsidiary company of Indonesia I Group, the subsidiaries of the above Highway I Group, and (d) the work of designing and executing the construction work of ITS (traffic information system). At the same time, the Defendants presented the name of the I Group and the D representative director and the managing director in English and English name, each of which is the name of the I Group and the D representative director and the senior executive director, and the victims have financial difficulties in negotiating the design and construction work of ITS (traffic information system). If I borrowed money and then I would thereafter constitute a domestic agreement construction work and construction work of the Highway.

However, in Indonesia at the time, there was no discussion about the construction of ITS indonesia, and the Defendants only have a personal relationship with J and J, the president of the said I Group delegated the business rights by the said I Group (State). (State)D did not have any authority to designate as a first negotiating party because it did not have any intention or ability to designate as a first negotiating party.

In collusion, the Defendants: (a) by deceiving the victim as above; and (b) by deceiving the victim from the victim H on January 6, 201; (c) by remitting KRW 30 million from the victim H on January 6, 201; (d) KRW 50 million on January 21, 201; and (e) KRW 20 million on January 27, 200, and KRW 100 million on the part of the Defendant A

B. Defendant B’s sole criminal conduct (facing private documents and uttering of a falsified private document)