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(영문) 서울북부지방법원 2017.02.03 2016고합115
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person who operates a corporation E (hereinafter “E”) that imports, assembles, and sells computer security products in Geumcheon-gu Seoul Metropolitan Government building A, No. 1111.

In fact, the Defendant did not have the ability to deliver the key security product to the Victim F Co., Ltd. (hereinafter “victim F”) on the ground that there was no production fund necessary for importing parts of the computer key security product from Taiwan to assemble them again as finished products, even though it was imported by the Defendant.

A. On October 25, 2010, a contract for the supply of goods (hereinafter “the first contract for the supply of goods”) with the content that “OK (OK-10C)” (OK-10C), which is a computer security product, is supplied to the victim company in KRW 300,000,000 from October 26, 201 to March 25, 201, and the goods are supplied to the victim company in KRW 360,000,000,000,000 from March 26, 2010 to March 25, 2011, is concluded, and the goods are acquired from the victim company in the account of the Bank (Account Number: G) on October 29, 2010;

B. On March 31, 201, at the office of the Dispute Resolution Co., Ltd., concluded a contract for the supply of goods with the content that “OK (OK-10C) finished goods of KRW 500 million from March 31, 201 to September 30, 201,” the victim company received KRW 649 million from the victim company on April 14, 201, in exchange for the payment of goods in the bank account as described in paragraph (a).

In this respect, the defendant received a sum of KRW 1 billion from the victim company and acquired it from the victim company.

2. It is true that the Defendant received a total of KRW 1,04,500,000 from the victim company for the purchase of goods (including value added tax) on two occasions. However, the Defendant prevents hacking out of the computer by encrypted input information of the chip set and “OK” computer set.

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