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(영문) 서울남부지방법원 2017.10.13 2016고단6242
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was the representative director of C, and is working as the representative director of D, from May 2015.

1. On March 7, 2015, the Defendant against the victim E in a “F office” located in the city of Gyeonggi-si in Gyeonggi-si on March 7, 2015, to G operating the victim E in a “F office”, “C has developed the victim E company’s own heat materials, and invested KRW 100 million, thereby giving the victim E company a right to sell the heat that has been developed on its own face and 6% of the shares of C.

The phrase “ makes a false statement.”

However, the fact was that C did not have developed the heating materials on its own, and did not have the ability to develop the heating materials, and was merely a company that received and sold the heating materials from H Co., Ltd. which manufactured the heating materials and received and sold them.

The Defendant, as such, by deceiving the above G, received total of KRW 100 million, including KRW 50 million, and KRW 50 million, from the victim company operated by the above G, to the account in the name of the Defendant C, which was operated by the Defendant, under the name of the Defendant.

2. After deceiving the victim I Co., Ltd. as referred to in paragraph (1), the Defendant introduced the victim I Co., Ltd. through the above G around June 2015, the victim Co., Ltd. and D Co., Ltd. established J as a legal entity that produces products using heat developed by the victim Co., Ltd. and sells them to Japan. The above G Co., Ltd and D Co., Ltd explained that the victim Co., Ltd. were self-developed by D Co., Ltd., established on July 21, 2015, and around July 24, 2015, and the same year.

8.5. Around January 1, 2007, the victim company entered into a contract to transfer 10% of the shares of the D Co., Ltd to the victim company when it invests 4.5 million UN in D Co., Ltd.

However, the fact is that D Co., Ltd has not developed the heating materials on its own, and it develops the heating materials.

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