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(영문) 의정부지방법원 2016.06.22 2016고단181

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the person who actually operates the Bank Co., Ltd. E and the Medical Devices Manufacturing Business Co., Ltd. in Namyang-si, Namyang-si.

In August 2013, the Defendant proposed to the effect that “the Defendant would pay steel materials, such as ste leasing, to H employees in charge of the business of the victim-based company in charge of the dispute settlement agreement office (hereinafter referred to as “damage company”) without delay until September 2013, when he/she supplies steel materials, such as ste leasing, to the Dispute settlement agreement E and the Dispute Resolution Fund, on credit.”

However, in fact, the LAE delayed the approval of the construction permit for the factory site on July 201, and around April 201, the transaction with the KAE, a main trading company, was discontinued, and the financial situation rapidly disappeareds, and the sales losses were not paid to approximately KRW 390 million until January 9, 2013, and there was a situation in which normal management of the company is difficult, such as making a preferential appropriation of the sales amount paid in KRW 4.5 billion for the payment of the existing debt.

In addition, due to the financial pressure of the LAF, which had not been sold at the time, the Defendant was transferred to a third party around October 2013, and there was no intention or ability to pay the price to the victim according to the agreement.

Accordingly, the Defendant deceptioned the damaged company as above and received steel materials of KRW 19,048,788 at the market price around August 13, 2013 from the victimized company, and received 4,950 kilograms of steel materials of KRW 19,048,78 at the market price, from August 27, 2013 to August 27, 2013, and received the supply of KRW 46,86,593 at a total of 14,640.2km of steel materials as stated in the separate crime list (hereinafter “the aforementioned transaction”). The summary of the Defendant’s assertion is as follows: (a) according to the Defendant’s statement of accounts receivable, passbook transaction and remaining statement of accounts, and claim details, etc., at the time of the instant raw materials transaction, E was sufficiently capable of paying materials to the victimized company, and the Defendant was supplied by the Defendant using the raw materials.