손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. In fact, the Defendant was indicted for committing the crime of fraud as set forth below by the Busan District Court Branch Decision 2013 High Court Decision 2670, and was sentenced to imprisonment on October 24, 2013 and was sentenced to one year and six months, and the above judgment became final and conclusive.
- When the Defendant ordered construction in the name of the victim company (the Defendant) and had difficulties in the progress of construction, which was ordered due to liquidity shortage, the Defendant issued orders for construction materials in excess of the construction materials invested in the said construction under the name of the victim company, and supplied them to the said construction materials to be disposed of in high water through the manufacturer C, which were not actually invested in the said construction. On May 4, 2012, the Defendant concluded that the employees in charge of the victim company stated that “the employees in charge of the victim company (“the employees in charge of the Dadong Line B2,500 meters above the above construction site and the employees in charge of the Dadong Line B 2,500 meters above order the said electrical materials to the victim company in the name of the victim company, although the materials are not required to be disposed of in the actual construction site.”
However, in fact, since the above electrical equipment was unrelated to Dwon Electric Construction, even if the victim ordered the above electrical equipment and paid the price thereof, the victim cannot receive the price from D, the ordering person, and the defendant also did not have the intent and ability to pay the price to the victim company, as above, the victim's company belonging to the victim company and had the victim purchase the supply price equivalent to KRW 46,80,000 in the supply price of KRW 150sq 2,500 in the E company located in Namyang-si, Namyang-si, and received it from the victim company 17 times in total as shown in the attached crime list between November 8, 2012, the victim company purchased the total amount of 235,153,370 won and supplied it, and the defendant acquired financial benefits equivalent to that amount.
- [Ground of recognition] set forth in Gap evidence 1 to 3, and