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(영문) 서울중앙지방법원 2012.04.20 2011고단6433
사기
Text

Defendant

A Imprisonment with prison labor for seven years, for six years, for six years, and for five years, for Defendant C.

Reasons

Punishment of the crime

Defendant

A is the chairperson of Indonesia local corporation I [the change of name to J Co., Ltd.], Defendant B is the former director of I as the early car of the above company and the auditor of K Co., Ltd., the domestic subsidiary of the above company, and Defendant C is the representative director of K Co., Ltd.

1. Defendant A and Defendant B’s co-offenders were residing in Indonesia and are well aware of the local circumstances. The Indonesia government previously reviewed L business issues and then conspired to acquire money from others in the name of investment money by deceiving them as if they received L business licenses from the Indonesian government, even though there was no fact that there was no consideration of L issues after setting the implementation policy in around 2005.

On April 23, 2007, the Defendants made a false statement that “the Defendants jointly carried out the projects because they received L business rights from the Government of Indonesia,” to the representative of the victim M Co., Ltd. N.

However, there was no fact that L business was completely suspended from around 2005, and there was no fact that the Defendants had been granted L business rights from the Indonesia government.

Nevertheless, after the Defendants entered into a joint enforcement agreement with the victim, they received USD 300,000 (Korean KRW 300,000) as the expenses for the establishment of a joint venture corporation on April 23, 2007.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. The Defendants’ co-principal Defendants established KK Co., Ltd., a local corporation in Indonesia, and a domestic subsidiary, under the pretext of promoting the said L Business, on January 6, 2010, even though the Indonesian Government completely discontinued L Business from around 2005 and there was no fact that considered or promoted the said L Business.

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