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(영문) 수원지방법원 성남지원 2014.08.13 2012고단2387
사기
Text

The defendant shall be innocent.

Reasons

1. From April 12, 2001, the Defendant established and operated C Co., Ltd. (hereinafter “C”) for the purpose of manufacturing, selling, etc. of construction materials from around April 12, 2001. During the establishment process, C borrowed a large amount of business funds from the victim Co., Ltd. (hereinafter “victim”). On December 2, 2010, C sold all construction materials to the victim company for KRW 5,567,51,480, and the victim company entered into a sales contract with the victim company to offset the above payment obligation and the claim against C until the said date to pay the price. The victim company established the F Co., Ltd. (hereinafter “F”) for the purpose of manufacturing, selling construction materials, etc. in Chungcheongnam-do E on December 27, 2010 to continue its business by using the said construction materials.

At the F office around August 26, 2011, the Defendant requested G, an employee of the said company, to place a material order as if he/she requested for the lease of construction materials from Company I (hereinafter “I”) operated by the Defendant’s Ha (hereinafter “I”), and that he/she issued a delivery order to G, and that the F employee J, who received the said delivery order, ordered the Defendant to supply the construction materials, such as Chapter 360 of the Environmental Sheet 360, to the construction site around the area in which the Defendant directed the distribution of construction materials.

However, in fact, I did not request the above construction materials leasing, and the defendant thought that he would sell the above construction materials supplied by pretending to lease and received sales proceeds, and did not have the intent or ability to pay rent or return the said materials to the victim.

Nevertheless, the Defendant deceivings the victim through G as above, and from that point to September 1, 201, the Defendant 1,980 environmental fences, pipes 5,000, as shown in the list of crimes in the attached Form No. 1,980, and pipes 5,000.

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