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(영문) 수원지방법원 2016.06.22 2016고단675
사기
Text

The defendant shall disclose the summary of the judgment of innocence.

Reasons

The Defendant is a person who is the representative director of “D”, who is a gold-type exporter located in G from around 2003 to July 2015.

1. On March 12, 2014, the Defendant entered into a verbal agreement with the Defendant’s employees, E, and F, the Defendant’s employees, at the office of the Defendant’s operating company located in C, on March 12, 2014, to enter into a contract with the effect that “The Defendant would pay the gold-processed penalty to H, a gold-type company located in Japan, at the rate of 20% advance payment, intermediate payment, 70%, and 10% advance payment, if the gold-type was supplied after processing and supplying the gold-type, the Defendant would pay the balance at the rate of 20 million won advance payment, intermediate payment, 70%, and 10% advance payment by the end of the following month.”

However, the above company operated by the defendant was liable for the amount of 50 million won because it was unable to pay the gold processing cost properly to the gold processing company and the victim, and was liable for the amount of 2 billion won to the financial institution as collateral with the land and the building of the above company's sole asset. In addition, there was an obligation to other shipping companies, packing companies, etc., and even if they were exported to Japan, there was no intention or ability to pay the price properly even if they were exported to Japan.

Nevertheless, the defendant deceivings the employees of the victim company as above, and he was provided with processed gold punishment equivalent to 200 million won at the market price around July 23, 2014 by the victim company and acquired it by deception.

2. On May 16, 2014, the Defendant committed the crime of May 16, 2014, to the effect that, at the office of the Defendant’s operating company located in C around 16, 2014, the Defendant would pay 30% of the advance payment for the following month after commencing the production of gold paper after processing the gold paper and supplying the gold paper to the employees of the victim company, I, a Japanese gold business entity, and pay 70% of the balance to the following month during which the product was shipped.

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