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(영문) 서울중앙지방법원 2016.05.12 2014고단6688
사기등
Text

【Field of Innocence】

1. The Defendants shall be punished by imprisonment for six months.

2. However, from the date this judgment becomes final and conclusive, Defendant A.

Reasons

[Identification] The portion of conviction: Defendant A was working as the representative director of Seocho-gu Seoul Metropolitan Government Company G (hereinafter “G”), and Defendant B as the vice president of the said company, who committed fraud against the victim F company of the Defendants of 2014 High Order 7675.

At the G office around June 5, 2013, the Defendants: (a) drafted a written agreement with the purport that “B previously retired from office with the head of the Hyundai Group FF Co., Ltd. (hereinafter “victim”) and retired from office as the representative director, and is working as the representative director, and is forming a large number of connection with the modern group.” (b) Defendant B is working as the construction company of the Hyundai Motor Group I, and Defendant B is receiving orders for electrical construction ordered by an affiliate of the Hyundai Motor Group by registering as a modern Group I’s partner company, and is working as an affiliated company of the Hyundai Motor Group I, thereby allowing the damaged company to be registered as an affiliate of the Hyundai Group and participate in the construction project within 90 days.”

However, in fact, Defendant A did not have been engaged in the management or consulting of the Hyundai Motor Group, and did not form connection with the Hyundai Motor Group, and did not have received any request from the Hyundai Motor Group for physical inspection from the construction company. Defendant B was not a pilot of the Hyundai Motor Group I, Defendant B was registered with the affiliate of the Hyundai Motor Group as a collaborative company, and there was no intention or ability to enable the victimized Company to receive related construction from its affiliate.

As such, the Defendants deceptioned H and were transferred from the victimized Company the amount of KRW 33,00,000 from the deposit account (J) of G-based corporate bank around July 15, 2013 as the consulting cost.

As a result, the Defendants conspired to acquire 33 million won from the injured party.

Summary of Evidence

1. Each prosecutor's office against the Defendants.

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