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(영문) 서울중앙지방법원 2016.11.24 2015고합708
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant served as the president of G Co., Ltd. (hereinafter “G”) and co-defendant H (hereinafter “H”) as the vice-chairperson of the said company.

Around September 24, 2014, at G office located in Gangnam-gu Seoul, the director of the said company entered into a sales contract with the victim L’s agent M by attending the said company with H and the head of the headquarters, and the victim L enters into a regular contract between G and the Lone Star-C Co., Ltd. (hereinafter “Lone Star-C”) to purchase machinery and equipment and scrap metal in the name of the Gu and enter into the purchase contract between G and the Lone Star-C Co., Ltd. (hereinafter “Lone Star-C”) and the victim (hereinafter “instant contract”), stating that “the Mone Star-C Co., Ltd. (hereinafter “Sone Star-C”) entered into the purchase contract between G to purchase KRW 5 billion from G, and received KRW 100 million from the victim’s new bank account in the name of N law Firm’s name on September 29, 2014, and received KRW 400 million in total from the Korean bank account in the name of N law Firm.

However, in fact, G did not have a regular contract for the sale of machinery and equipment and scrap metal between G and Lone Starn, and there was no particular property or income, and there was no financial ability to purchase machinery and equipment and scrap metal from Lone Starn to 21 billion won, so among them, there was no intention or ability to sell the scrap metal again to the victim for 5 billion won.

Nevertheless, H, upon receipt of a request from the victim to display a sales contract that was entered into between the Defendant and the Defendant, instructed the J to explain that “A contract was entered into with the Lone Star and it cannot display a security contract,” and the J, upon the direction of H and the Defendant, recommended M to “G to purchase the scrap metal at KRW 5 billion because it had already entered into a contract to purchase the machinery and equipment and scrap metal between the Lone Stark and the Defendant,” and the sales contract to M to indicate the sales contract.

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