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(영문) 서울남부지방법원 2018.07.25 2017고단1905
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) from around 2011 to September 2014, the Defendant served as the “E Business Head and D unit Table” in the Foundation D, and (b) served as a public institution upon request from the manufacturers to engage in the business of LEESCO projects; (c) acquired profits from the producers; and (d) partly donated to the said D; (c) on September 30, 2014, the Defendant was appointed as a joint representative director of F Co., Ltd. (hereinafter “F”) who is engaged in the business of developing the LED system; and (d) the victim G established D, a foundation, and was engaged in the activities of the central government, local governments, and green society settlement as a research and development of the low carbon green growth strategy.

A. On August 2014 to September 9, 2014, the Defendant against the victim G was scheduled to have the victim G “LED siren projects progress, and the construction ordered by the National Security Agency is scheduled to have been executed. However, through H, the Defendant was ordered to have the facilities and equipment installed in an amount of KRW 60-7 billion from modern construction.

When the victim gives 5% of the shares of the FF corporation that is owned by the victim and introducing investors, the F would be able to make a large profit by ordering the construction of the above telecommunications facilities.

“A false representation was made.”

However, at the time, the Defendant did not receive a contract for the foregoing construction, and did not have any intention or ability to allow FF corporation to receive a contract for the construction of telecommunications equipment and facilities from the above modern construction.

On September 30, 2014, the Defendant acquired shares of F Co., Ltd. 33,000 (in a face value of KRW 500,000 and total face value of KRW 165,00,000) by deceiving the victim G, which is difficult to know the market price owned by the victim.

B. On September 2014, the criminal defendant against the victim I is a modern construction contractor who ordered the victim I to “the construction work ordered by the National Security Agency” at a place in which the victim I was not a policeman.

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