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(영문) 수원지방법원 안양지원 2017.11.24 2016고합163
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

B Imprisonment with prison labor of one year and six months, and Defendant A shall be punished by imprisonment with prison labor of one year.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

The Defendants, around December 18, 2014, established a corporation E (hereinafter referred to as “victim”) and Defendant B (hereinafter referred to as “victim”) to jointly carry out the business by investing capital necessary for D’s business in commercializing technology and ideas (development of new parts used for display and business related to the restoration of hard disks) developed by the Defendants and D (hereinafter referred to as “D”) around December 18, 201, and Defendant A took overall charge of the above technological development, etc. in the victim company.

D deposited KRW 1 billion in capital and KRW 500 million in the account of the victim company by January 2, 2015 pursuant to the above joint business agreement. The Defendants were able to execute the funds of the victim company only with the approval of D. To this end, F, who is the regular manager of the accounts of the victim company, kept the passbook, official certificate, and seal impression for bank transactions in the bank account. Defendant B visited the D office and submitted a written estimate, etc., the F, after the interim approval of the F and the final approval of the D representative director, the execution of the funds of the victim company by F.

1. Defendant B requested Defendant B to refund the cost of equipment related to the technical development of the victim company’s company to Defendant B due to financial difficulties of Company G (hereinafter “G”), which he operated, and subsequently, received the difference from the customer and received the difference from the customer to use it for the purpose of wages, etc. of G employees.

Defendant

B Notwithstanding that the strawer (gold equipment) purchased by the victim company from the victim company at the office of the I Co., Ltd. (hereinafter referred to as “I”) located in Ha on January 2015, 2015 (hereinafter referred to as “I”), although the strawer (gold equipment) purchased from the victim company was actually KRW 126,500,000,000, it means that “I prepared a quotation from I to sell the strawer at KRW 357,000,000,000,000 won, and the difference between the strawer and the 27,000,000 won.”

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