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The Defendants are not guilty. The summary of the judgment against the Defendants is published.
Reasons
Summary of Facts charged
1. Defendant B is the representative director of H’s joint criminal conduct, and Defendant C, as the chief director of H’s overseas business management center around October 2008, was in charge of attracting investment by engaging Defendant A, who has good human network, as the CFO (financial chief) of H, because it is difficult to receive new investments due to the lack of financial resources after the Human Resource situation in the United States, around October 2008.
The Defendants conspired against J, the actual operator of the victim educational foundation I (hereinafter referred to as “victim”) to acquire the proceeds of the sales by means of selling the electricity generated by H through the LFG (Landfil Glas) generated from the facility for the disposal of household wastes to the Korea Power Exchange (hereinafter “instant project”).
Defendant
A and Defendant C found several times from March 22, 2009 to May 23, 2009 to J’s office located in Gangdong-gu Seoul Metropolitan Government, and “H is the Defendant Company. When purchasing the instant project amounting to KRW 3 billion, the Plaintiff purchased the instant project from the damaged corporation and installed a power generator of KRW 640kw, and then the Plaintiff promoted the instant project, the Plaintiff would incur revenues of KRW 410 million each year, and pay the rent in the form of rent, if the revenues of KRW 410 million each year do not accrue, then repurchasing the instant project and return KRW 3 billion.”
However, at the time, Defendant A did not own the shares of H, and H did not own the shares of Defendant A. In consideration of the presumption of the occurrence of LFG in relation to the instant business, the appropriate installation size of the power generator was merely 480 kw, and the initial business investment cost was anticipated to have little profits in consideration of the initial business investment cost.