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(영문) 수원지방법원 2017.08.11 2016고단6517
사기
Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

1. A factory laboratory;

A. The Defendant is the representative director of F in the special manufacturing company E in Ansan-si.

The number of shareholders of the F Co., Ltd. consisting of Defendant 58,800 shares (43.78%) and G 55,500 shares (41.33%) and the above-mentioned and the special manufacturing factory was held in Vietnam.

On the other hand, on March 1, 2014, the Defendant entered into a contract for the sale of all the assets and management rights of the special model manufacturing factory in Vietnam with the KH (hereinafter “victim”) and the special model manufacturing factory in Vietnam for KRW 2.8 billion. On March 4, 2014, the Defendant continued to enter into a contract for the sale of all the assets and management rights of the special model manufacturing factory in Vietnam for KRW 3.5 billion.

B. Around January 2, 2014 to December 2, 2014, the Defendant, at the J hotel coffee shop located in Seocho-gu Seoul Metropolitan Government, made a false statement to the effect that “When intending to enter into a sales contract for the manufacturing plant of the company affected by the Defendant and the manufacturing plant of the company affected by the Defendant, the Defendant shall obtain the consent of the Chairman of G, a second shareholder of the F, who is a second shareholder of the company affected by the Defendant.” For this purpose, the Defendant made L a false statement to the effect that “if the contract for the sales of the manufacturing plant of the company affected by the Defendant and the manufacturing plant of the company affected by the Vietnam, the Defendant would give KRW 20 million to L in return, and

However, in fact L did not have to demand the above money to the defendant, and the defendant only thought that he would receive the above money and did not intend to deliver it to L.

On November 25, 2014, after entering into a contract as described in paragraph 1, the injured company deposited KRW 20 million in order under the same name as the price for the consent to enter into the contract to the bank account of the defendant's father M's father designated by the defendant. On January 5, 2015, the injured company deposited KRW 79 million in the same name as the above account.

Accordingly, the defendant deceivings the damaged company to acquire the total amount of KRW 90 million owned by the damaged company.

2. Determination:

A. At the time of oral agreement with the Defendant on the N’s assertion of the defense counsel and the sale of the factory, N gives the Defendant a vice-chairperson of H.

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