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(영문) 서울중앙지방법원 2016.04.27 2015고단2634

사기

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

. The applicant.

Reasons

1. On April 14, 2009, Defendant A established the prefabricated (Representative Director A)G (on April 14, 2009 to run a business building prefabricated-type housing, Defendant A established the said company with Defendant B from around 2010 to run a prefabricated-type housing business and run a prefabricated-type housing business by establishing the said company (ju) H (Representative representative director B) as a company for the same purpose on March 21, 2013. The said company, via Korea (State) through Korea, has built the said company in a manner of importing steel dried-lines from Japan’s “(State)J” and assembling them at the housing construction site.

Defendant

A was liable for a debt amounting to KRW 3 billion at the time of 201 due to business difficulties while operating G, and was in arrears with employee benefits between 2011-2012, and was not paid to I (State) the transaction price of KRW 600 million at the time of 2013 (as of November 25, 2013, KRW 674 million).

In addition, even though the prefabricated-type housing was built to K within six months in 2012 and received KRW 300 million from K, due to the lack of funds necessary for ordering, the construction was suspended in the state where the construction was conducted until May 2013, and in addition, the housing was not constructed even if customers such as L, M, and N receive the construction cost.

In addition, according to the basic contract entered into by the Defendants on August 28, 2013 between the LAJ and the LAJ (State). In the event that the Defendant imports dives from the LAJ, the contract is entered into to pay 60% of the object price at the time of the completion of the design (issuance of an order) and 40% of the remainder at the time of shipping the factory after the second week of the order, so in order to import dives, 100% of the unit price should be paid. Thus, even if the Defendants received the construction cost from the victim F, who is the customer of the prefabricated Housing, even if there is a large amount of corporate bonds and the lack of operating funds, there was no way to raise additional funds, so the victim did not have the intent or ability to construct the prefabricated Housing on the date of the contract.