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(영문) 서울서부지방법원 2016.11.17 2014가합7629

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the wholesale and retail company of petroleum, and Defendant D, as the representative director of the Defendant Co., Ltd, operated “K” in Suwon-gu J under the joint name of Defendant A and B.

Defendant E, as the term “the director of allowances” in the name of the Defendant Company, was driving a gas vehicle of 5,000 liters owned by Defendant D, and Defendant H, as the term “the director of allowances” in the name of the Defendant Company, driven a gas vehicle of 3,000 liters owned by Defendant D.

Defendant G driven a N 3,00 litresponding vehicle owned by Defendant D, and Defendant I driven an O-owned vehicle owned by Defendant D.

Defendant F was the auditor of the Defendant Company to perform the work of managing and executing the Defendant C’s funds.

B.1) Defendant B, D, E, F, G, H, and I were indicted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Petroleum and Petroleum Substitute Fuel Business Act, and the Defendant Company was convicted of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) through fraud, or violating the Petroleum and Petroleum Substitute Fuel Business Act. The criminal facts found guilty in the above criminal trial are as follows: (a) Defendant D, and F, in collusion with Defendant D and F, by inserting 70% of oil and light oil 30% through the tank of main vehicle as indicated in the attached list of crimes; (b) Defendant H, and I, in collusion with Defendant D and others, sold fake petroleum products 5,941,571,27 won; and (c) Defendant H and I manufactured them by 30 days through 11 or 35 days through the aforementioned method; and (d) Defendant H and I manufactured them in collusion with Defendant D and others, and (e) Defendant H and I manufactured them by 31365 days through the attached list.