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(영문) 대전지방법원 2018.11.16 2018고합2
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. The Defendant was changed to B Co., Ltd. (hereinafter “C”) on April 16, 2015.

A person who actually operates a total of before and after the change of trade name (hereinafter referred to as “B”).

D Co., Ltd. (hereinafter “D”) agreed to pay the above money to B and transfer the F E-art’s goodwill in the Chungcheong area on the ground that E, the representative director of the corporation, borrowed KRW 70 million from B, but failed to pay it.

The Defendant is exported to the world from the office of H operated by the Victim G in the counter of the Gyeongnam Changwon around July 2014 to around August 8, 2014, and “D products are exported to the world.”

B manages B with a nationwide exclusive sales right for D products.

When the total market is operated at present, profits of 20 million won per month can be paid fixedly.

prior to the agency recruitment advertisement, the agency's business contract must be entered into;

If an advertisement is conducted, the total sales right price will be raised.

If 500 million won is invested, he/she will be entitled to sell the shares of B 15-20% and eco-friendly plastic bags produced in D.

The phrase “ makes a false statement.”

However, in fact, B did not have a nationwide exclusive sales right for the products produced in D, so even if the Defendant received KRW 500 million from the injured party, it was not possible to reduce D’s overall sales right.

Defendant deceiving the victim as above and received total KRW 500 million from the victim, including KRW 50 million in the name of the contract deposit, around August 25, 2014 and KRW 450 million in the name of the remainder on September 2, 2014, from the victim, via I Account (Serial J) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. Summary of the defendant and defense counsel;

A. The Defendant merely received KRW 500 million in return for the transfer of 15% shares in B to the victim, and promised to grant Yong-Nam’s total sales right to the products produced in D.

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