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(영문) 창원지방법원 2014.11.19 2013고단3450
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, from around 2010, was a person who operated D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for the purpose of manufacturing and painting metal structures, had been engaged in continuous transactions with the victim E (hereinafter “victim Co., Ltd.”) by receiving the steel-frame painting work from the victim E (hereinafter “victim Co., Ltd.”).

On December 1, 2011, the Defendant agreed to receive monthly payments from the victim for delivery of steel frame production and painting construction, such as SamsungRRE project, if the Defendant requests the victim to pay the delivery cost, which is required for painting.

However, as the above D corporation suffered from the financial shortage, it included the material cost supplied by the victim in the price, and raised funds by claiming the price to the victim by unfolding the delivery performance.

Accordingly, the Defendant: (a) around January 2012, filed a claim against the victim for the supply price for December 201 at the D office located in Suwon-gu Busan, Busan, the Defendant: (b) provided the victim with the actual goods equivalent to KRW 164,451,100; (c) however, as if it was supplied with the goods equivalent to KRW 207,122,00, the Defendant drafted a detailed statement of claim for origin; (d) sent the victim to the victim; and (e) received the same amount at that time from the victim to March 2, 2012; and (e) filed a claim for the supply price from December 2, 2011 to February 2, 2012, the Defendant received KRW 446,90,676 by sending the documents claiming excessive supply performance, such as not deducting the amount of royalties supplied by the victim; and (e) acquired the victim by fraud of KRW 46,90,676.

2. Determination

A. As to the facts charged in the instant case, the prosecutor stated that “the defendant did not in collusion with the employees in charge of the victim company at the time, but would in fact induce the above employees.”

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