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Defendant
A 4 months of imprisonment with prison labor for the crime No. 2 of the decision, and Defendant B.
Reasons
Punishment of the crime
Defendant
A on September 10, 2010, at the Seoul Central District Court sentenced the suspension of the execution of two years for criminal fraud at the Seoul Central District Court, on October 18 of the same month, the judgment became final and conclusive.
[Defendants] [2011 Highest 4969]
1. Defendant A is the representative director in the name of F Co., Ltd., and Defendant B, a representative director of G Co., Ltd., who actually operated the above F, resolved that the victim H change the trade name of the Iget operated in F Co., Ltd. and that he will receive money under the pretext of selling the right to use Iget.
On October 1, 2010, the Defendants made a false statement to the victim H at the (ju) KK office located in Gangnam-gu Seoul Gangnam-gu Seoul J that “The Defendants would change the trade name of the Iriart operating in the State F Co., Ltd. to Lriart and would have the right to sell the Iriart’s right to use.”
However, the fact is that F Co., Ltd. was entrusted by G and managed by G and did not have the right to independently transfer trade name change and the right to sell the right to use the same set, and G did not have any internal procedure such as the resolution of the board of directors on the change of trade name and the transfer of the right to sell the right to use the same set. Therefore, even if the amount of KRW 5 million was received from the victim, the victim did not have the intent or ability to exercise the right to mutually change the interest set and to sell the right to use the same set.
The Defendants conspired to deception the victim as above and received KRW 5,00,000 on September 10, 2010 from the victim, and received KRW 55,00,00,000 on September 10, 201, KRW 5,000 on the 28th of the same month, KRW 25,000,000 on the 30th of the same month, and KRW 21,21,50,000 on October 14, 200 on the 30th of the same year from the Defendant’s M account.
[Defendants] 2012 Highest 500 [Defendants]
2. Defendant A is the representative director under the name of F Co., Ltd., and Defendant B is the representative director who actually operated the above F, and the said F is money out of the construction cost and operating funds of the said company.