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(영문) 서울중앙지방법원 2018.01.18 2016고합214
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and for one year and six months, respectively.

Of the facts charged in the instant case, the Defendants.

Reasons

Punishment of the crime

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendants' defense rights are not infringed.

Defendant

B On October 14, 2015, the Seoul Eastern District Court sentenced two years of suspended sentence to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. and decided on April 16, 2016. On August 18, 2016, the Seoul Central District Court sentenced two years of suspended sentence to imprisonment with prison labor for a crime of forging securities, etc. and decided on August 26, 2016.

Defendant

B is the representative director of E and the actual representative of F Co., Ltd., and Defendant A is the person who served as the representative director of F Co., Ltd. from January 20, 2010 to May 10, 2010, and from August 23, 2010 to November 13, 2010 and operates F together with Defendant B.

1. The Defendants’ joint crime (2016 high 214) committed the Defendants’ joint crime (2016 high 2016 high x 214) provided that, while running the imported tea sales store operation business, the Defendants lack business funds, and that, when the previous creditors’ pressures on changes in interest, profits, principal, etc. were reached, the Defendants are entitled to exercise the exclusive advertising right on G car and G car page by proxy.

In a false manner, the advertising company has received money as a security deposit for the performance of the contract from the advertising company to use it for debt repayment, etc.

A. The Defendants are entitled to have the victim H H representative director I, the victim H representative director I, only in advance, grant the victim H representative director I the exclusive right to advertise G automobile.

After the end, Defendant A imported G cars from September 201 to September 201, 201 at the office of the victim H located in Jung-gu Seoul, Jung-gu, Seoul, for the first time on March 201, at the victim H's office, “A has the right to sell G cars, E has the right to sell G cars, and K group has provided funds.

The amount equivalent to 5.7 billion won, which is 5% of the sales, shall be appropriated in the advertising budget, and it shall be executed in an intensive manner until the end of each year.

Deposit for the performance of a contract shall be KRW 200,000.

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