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(영문) 서울중앙지방법원 2018.02.08 2017고합1281

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged is that the Defendant is a director of “F” (hereinafter “F”) as a non-profit incorporated organization under the control of the Ministry of National Defense for the purpose of establishing the national identity of the Republic of Korea and enhancing the honor of veterans and their families, which is a non-profit incorporated organization under the control of the Ministry of National Defense for the purpose of promoting welfare projects, etc. for military personnel and their families, and the victim G Co., Ltd. (hereinafter “victim”) is a company that aims to produce, process and sell textile products, such as a f

On November 2015, the Defendant listened to the awareness that the damaged company had found a place where the goods were donated to the Republic of Africa and South Africa after having discussed with the parties related to E and F, and after having discussed with the parties related to E and F, the Defendant received the goods from each of the above corporations, and then, through H, a person in charge of the donation project of this case of the victimized company, “E and F joint supervision,” and donated the donated goods of KRW 16 billion donated from G to the Republic of E and South Africa, the United Nations Participating State.

In order to maximize the effect of the collapse, a joint visit will be proposed when Ethiopia visits are made by the head of D.

“To submit a proposal containing the contents of “.....”

However, each of the above corporations for which the defendant was a director did not have experience in actual progress of the program to donate goods in kind, and there was no specific delivery plan and procedure prepared. E did not have any record of appropriating delivery expenses and storage expenses necessary to deliver donated goods overseas as a corporation established on November 9, 2015. The above donation by the injured company was made on the premise that the donated goods are delivered in kind to a foreign country. As such, there is a risk of damaging the brand image of the victimized company in the event of a situation where the said goods are distributed at a reduced price to the domestic market regardless of what route, and as such, the situation where the defendant intended to sell donated goods is expected to cause considerable damage to the agencies of the victimized company.