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(영문) 서울서부지방법원 2018.02.09 2016고단3148
사기
Text

Defendant shall be punished by imprisonment for a term of two years and ten months.

Reasons

Punishment of the crime

The Defendant, as the representative director of Mapo-gu Seoul Metropolitan Government Co., Ltd. (hereinafter “E”), a company specializing in Big Data consulting (hereinafter “E”), and E, from February 2, 2014 to February 2, 2016, imported and sold the Big Data Program from FF companies located in the United States, a Big Data Software company in the United States, and directly imported and sold products from or through Sub Referer (F).

On March 31, 2015, the Defendant concluded an official partnership agreement with the U.S. F Big Data Company and concluded an official partnership agreement with the victim G Co., Ltd. (the representative: H; hereinafter referred to as “victim”) at the E office and expected to sell KRW 3.5 billion as software distribution and consulting business as of March 2015.

When concluding a big data strategic partnership contract with the contents of joint operation of E and the damaged company, it may strengthen the new sales creation and internal capacity of the victimized company.

If the F fails to meet the annual quota requirements of the person in charge of the Asia-Pacific general administration, the accelerator contract may be terminated. If the damaged company sends 480,000 won to F under the name of the ordering order for the big data program license (the annual software license).

A license is secured, E and the victimized company entered into a contract for big data strategic partnership with the victimized company to the effect that the amount equivalent to 85% (15%) of the sales amount (15%) of the Big Data Program License sales shall be deducted from the sales amount of the license’s order, and that if the license order amount is not less than the total amount by December 31, 2015, the sales would return the balance amount to the victimized company.

However, in fact, even if the defendant receives KRW 480,000,000 from the damaged company as the order for the license, he shall secure the license.

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