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(영문) 서울북부지방법원 2017.05.19 2016고합292
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

The application for compensation of this case is dismissed.

Reasons

1. Summary of the facts charged

A. The parties’ relevant Defendant A served as a person in charge of business operation (the head of a mobile strategic business center business) of M2M (communication between devices without passing through people) from April 201 to January 2014, 2012. Defendant B was appointed as the inside director of the corporation D, a corporation established by Defendant A around January 6, 201, and then around September 4, 2012, the trade name of Defendant A was written in J, but appears to be a clerical error.

(E) A person who changes into “E” (hereinafter referred to as “E”) and serves as the representative director; E takes charge of the opening and opening agent of a victimized company running a communications business from around September 201 to around December, 201, M2M business, etc., and from October 2013, the damage company’s “integrated opening and opening center” work.

B. On November 201, 2012, Defendant A and Defendant B conspiredd to receive the opening fee and the short payment through a call-only device and a radio settlement device in the name of the victimized company, even though they did not have a contract for telecommunications services with F and call-only terminals and card settlement machines.

Defendant A at the damaged company office located in Mapo-gu Seoul Metropolitan Government around November 19, 2012, with respect to “F brand call taxi call terminal (M2M) and radio settlement terminal supply”, the content of “I and F completing consultations on November 14, 2012, the number transfer of call-only device, new installation of taxi radio settlement terminal, five-year agreement between the former and F, the remainder of call-only device, the call-type radio settlement terminal, the start of the test, the delivery period from December 2012 to December 31, 2012, the supply period “F article”, the delivery period “80,000 won”, “80,000 won”, the radio settlement type “80,000,000 won”, the payment period between the former and the latter, 60,000,000 won, and 60,06,06,000,00,06,00,00,00.

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