특정경제범죄가중처벌등에관한법률위반(사기)
The defendant shall disclose the summary of the judgment of innocence against the defendant.
1. The summary of the facts charged was the representative director of B Co., Ltd. (hereinafter “B”).
On March 28, 2013, the Defendant prepared a trade agreement, product permission right, trademark transfer and takeover contract (hereinafter “instant contract”) with the victimized company at the headquarters AX (hereinafter “victim”) located in Seocho-gu Seoul Metropolitan Government (hereinafter “the victimized company”), and concluded a false sales contract with AY, etc., an employee of the victimized company, “N” (hereinafter “N”) on February 28, 2013. When the Defendant entered into a sales contract with 1.0 billion won with us, the Defendant would supply 13 items (hereinafter “the instant medicine”), such as Non-AV 6 meters in size, etc., within 60 days from the date of ordering the sale of 13 items (hereinafter “the instant medicine”). From April to June 3, 201, the Defendant concluded that the license and trademark rights will also be transferred to the victimized company.”
However, although B received notice of termination of the total sales contract from NN on November 7, 2012 due to a breach of contract, such as non-supply of drugs, etc., B, sent a reply to the effect that “the failure to accept notification of death and termination, continuing to make efforts to normalize transactions,” and “the production and supply plan for store bills,” etc. on February 20, 2013, and used force for extension of the total sales contract with NN until February 28, 2013. At the time, the company’s liabilities such as KRW 300 million for N have reached KRW 1.5 billion, as well as the company’s personal property, were seized to the Defendant’s personal property, as well as the production of medicine, and were in financial difficulties, such as failure to pay monthly wages to employees, even if concluding the sales contract with the victimized company, there was no intention or ability to supply medicine to the victimized company at the time.
Nevertheless, the Defendant, by deceiving the victimized Company as above and deceiving it as advance payment from the victimized Company for the drug price, was KRW 750 million on March 29, 2013, and KRW 100 million on April 1, 2013.