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(영문) 서울중앙지방법원 2013.12.26 2013고합728

사기등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Around May 2010, the Defendant, together with D, took overall charge of the management of funds related to the production of D'F according to the direction of D's net representative of E Co., Ltd. (hereinafter "E") established for the purpose of producing and distributing D's horses (hereinafter "E"), who is the largest shareholder of the said company.

D At the same time as the largest shareholder who actually controlled the above E, D controlled the entire business activities of the limited-liability company G (hereinafter referred to as “NG”) established for the production of the DDF (hereinafter referred to as “NG”) and took charge of the production of DDF.

H From May 2010 to December 201, 201, from May 201, as a registration director of the above E, was in charge of planning work related to the manufacture of the drama.

Since December 14, 2011, I was the representative director of the above E in the registration of the E, and was in charge of the execution of funds related to the production of the D or the defendant's order.

1. Acceptance of property in breach of trust;

A. On April 3, 2012, in collusion with D, the Defendant received an illegal solicitation from the third floor E offices of the Gangnam-gu Seoul Metropolitan Office of Lbuilding to the effect that K contributes to D’s “D F” from the representative M (e.g., the title N) of the Shin J, thereby requesting a good exhaustion, and in return, received KRW 100,000,000 in total on several occasions from April 3, 2012 to April 12, 2012.

B. On April 13, 2012, the Defendant received an illegal solicitation in collusion with D to the effect that he contributed O to the “F” D’s representative P from the company affiliated with EO to the “F” D, and received KRW 100,000,000 in return, from April 13, 2012, the Defendant received KRW 10,000 from E in collusion with D.

2. The Defendant, in collusion with I, M, was invested KRW 1.5 billion from the Victim Co., Ltd. Co., Ltd. (hereinafter “Esplus Korea”) by being delegated the authority to attract investment with respect to the production of “F” by E around August 2012 through around September 9, 2012.