사기
The judgment of the court below is reversed.
Defendants are not guilty.
1. The summary of the facts charged in the instant case is the representative director of L Co., Ltd. (hereinafter “L”), and Defendant B is the managing director and L director of M Co., Ltd.
L is not a company established by M Group jointly with Defendant A, etc. to conduct the business of selling the goods such as the victim N's clothes in the Republic of Korea. The M Group did not have any plan to invest in L to conduct the business of selling the goods such as the victim's clothes in the Republic of Korea, nor did it be reviewed. Even if L entered into a license agreement with the victim company, the Defendants did not have any intent or ability to cause the M Group to make an investment in L or to take over the L.
Nevertheless, the Defendants established L to obtain exclusive licenses to produce and sell the goods of the victim company in the Republic of Korea, jointly with theO operated by the victim company employees of M Group, P, and Q Q operated by the victim company, and concluded a license agreement with the victim company by making false statements as they invested in L.
Defendant
A around August 21, 2008, at the victim's office located in New York, around New York, the victim's company located in the New York Co., Ltd., the M Group established L to obtain the license of the victim company jointly with Q, etc., and issued a business plan stating one of the proposers as M group. In explaining the business plan, "L is a joint venture created jointly with the M Group and is a M Group's investment in the M Group." The defendant B introduced L to the employees of the victim company, including R and S, as the president of the M Group around October 7, 2008." The defendant B introduced L to the employees of the victim company, including R and S, as the president of the M Group, who act for the L investment of the M group, and explain all the issues related to the M group.