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(영문) 수원지방법원 2018.07.05 2016고단8397

사기

Text

Defendants are innocent and each of them dismissed an application for compensation order filed by the applicant for compensation.

Reasons

1. The summary of the facts charged [the developments of the case] Defendant A is the representative director of D, who was in charge of the overall business and operation of the above company, and Defendant B works as the managing director of D from Sep. 2015 to Dec. 2, 2015, and is a person in charge of the overall business of the above company, and the victim C is a person who operates the “E” by providing ice leasing materials, etc.

On September 2015, the victim supplied the ice Lease Materials to D through F, which is the vice president of the D Co., Ltd., a condition that the price would be settled at the end of the following month.

Under the above contract, the aggrieved party supplied the Stetra Lease material equivalent to KRW 37,070,000 at the market price around September 11, 2015 to D, and the Stetra Lease material equivalent to KRW 19,690,00 at the market price around September 23, 2015. On October 31, 2015, the aggrieved party supplied Stetra Lease material equivalent to KRW 3,129,390 at the market price around October 31, 2015. However, D did not pay KRW 56,760,00 at the transaction price during the previous month, as agreed by the police officer up to October 2015.

Therefore, the victim considered whether to continue the transaction with D Co., Ltd., but the defendant B, who was in charge of the general affairs of D Co., Ltd., as the executive director of D Co., Ltd. on October 2015, found the victim and explained the business conducted at the time under the contract with D Co., Ltd., and requested D Co., Ltd to supply large volume of stegrgrgrgrgrgrgs necessary for it, and promised to pay all of the price of the materials to D Co., Ltd. on Nov. 1, 2015 when he promised to receive stegrgrgrgrgrgs from D Co., Ltd.

[Criminal facts]

1. The Defendants’ joint crime (crime Nos. 1 and 2) demanded on November 2015, 2015 that the Defendants contact the victims at the place of business D, Inc., a company H located in Ha in Ha Sungsung-si, and that the purchase price shall be paid by the Plaintiff, a trader of the said business, receive the payment from the G in advance.

A false statement was made.

(b).