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(영문) 서울남부지방법원 2017.07.05 2015고단2519

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

Of the facts charged against A, the violation of the Commercial Act.

Reasons

On December 18, 2015, the Seoul Southern District Court sentenced the defendant to imprisonment with prison labor and one year and six months for fraud, and the above judgment was finalized on March 24, 2016.

[2015 Highest 2519] On October 2012, the Defendant displayed the “M” test product to be produced by the K in the office where the number of K building units in Seocho-gu Seoul Metropolitan Government is unknown, and the Defendant was transferred KRW 200 million from the damaged Korean bank account (O) of the name of the K in the name of the K in the name of the K in the name of the Plaintiff, by concluding a production contract with N in the case of exclusively produced and sold beverages by the K in the name of the K in the case of a corporation which is equipped with production facilities. If the L in the middle of December 2012 invested KRW 200 million, the K in the case of an investment of KRW 200 million shall be issued by the K in the middle of the K in the name of the L in the case of an investment in the K in the case of the K in the case of a corporation.

그러나 사실은 피고인은 2012. 12. 5. 경 서울 특별시 구로구 P 건물 915호에 있는 자신의 사무실에서 B 와 ‘ ㈜L 는 ㈜Q에게 충 청 이남 편의점 R에 대한 M 음료 영업권을 부여하고 ㈜L 가 ㈜Q에게 위 음료를 원활하게 공급하지 못하는 경우 ㈜Q 이 직접 ㈜N에게 주문하여 공급 받을 수 있다’ 는 내용의 ‘ 영업권 분할 합의서 ’에 서명 ㆍ 날인하여 ㈜L 가 ㈜N 과 사이에 독점적으로 생산ㆍ판매하는 지위에 있지 않은 상태였음에도 이를 피해자에게 고지하지 아니하였다.

Accordingly, the defendant deceivings the victim and obtained the delivery of KRW 200 million.

[2016 Highest 1753] The defendant was a representative director of the Victim L Co., Ltd. (hereinafter referred to as "victim Co., Ltd.").

Although the defendant, as the representative director of a corporation, should use the company fund as a business related to the company, he/she paid 10,000,000 won from the company's corporate account (post office account:S) to T in order to pay the defendant's personal debt while keeping the damaged company's funds for business on April 30, 2012.

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