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(영문) 수원지방법원 2012.05.30 2011고단3381

사기

Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is a representative director of J Co., Ltd. (hereinafter referred to as “J”).

On January 27, 2010, at the J office operated by the Defendant located in Suwon-si, the Defendant leased the victim I Co., Ltd. (hereinafter “victim Co., Ltd.”) and metal fluoral pumps (AL-FORM) and pit pumps (GNG-FORM) from March 2010 to October 201 with respect to the new construction of the area L in Nam-si, Nam-si, Nam-si, the Defendant: (a) leased the damaged company with the Defendant’s operating company from March 2010 to delivery of the goods at each stage according to the progress of construction; and (b) concluded a lease agreement under the condition that the rent will be paid in bills or cash within a maturity of 60 days after delivery of the goods; and (c) the lease agreement is made under the condition that the goods will be paid in bills or cash within a maturity of 1 month after delivery.

4.26.Supplementary rents equivalent to KRW 291,500,000 for further rents, around 26.

5.31.Before entering into a lease agreement of an amount equivalent to KRW 1,892,550,000 for additional rent of KRW 7,150,000 for rent, it was delivered by the injured company at the construction site.

Therefore, the defendant has a liability to pay a certain amount of rent to the damaged company for each process.

On the other hand, while the J had a debt amounting to KRW 1.3 billion at the end of 2009, even though it had difficulty in maintaining global raw material prices and operating construction sub-markets during the period from around 2009 to around 2010, it has caused total loss of sales to KRW 6.3 billion by participating in a bid below cost without considering the sanitability in order to maintain continuous performance of construction work and ensure growth and to recognize the ability to perform construction works, and caused total loss of sales to KRW 6.3 billion at the end of 2010, and only KRW 5.5 billion at the end of 2010.

Therefore, the defendant is judged to be difficult to proceed with the business under the name of the J in such financial status and the payment of the obligation to be paid by the J is to the maximum extent.