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(영문) 인천지방법원 2013.11.28 2012고단11628
사기
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Defendant

A. This case against A

Reasons

Punishment of the crime

[2] In fact, the Defendant was performing the sale and purchase of a factory and the sale of the scrap metal of a factory in the name of “G,” from around February 2008 to around 2009, when the Defendant did not pay approximately KRW 180 million of the value-added tax of the said G from around February 2008 to around February 2009, the collection of delinquent tax amount was planned to proceed immediately. From around around 2008, the Defendant was obligated to pay KRW 130 million of the industrial accident insurance and other dues to the Korea Workers’ Compensation and Welfare Service due to the accident of the worker’s death among the Incheon Airport Airport Corporation around February 2008. In addition, since the construction was in progress since February 209, it was difficult to pay the management expenses and personnel expenses of the said G office.

Around May 2009, the Defendant transferred the right to remove I’s factories in Ulsan-gu H to the victim J in KRW 1150 million, but at least two factories subject to removal, one of two factories is less than expected and less, and the victim is considered to have suffered a loss equivalent to KRW 600 million. On June 2009, the Defendant stated that the Defendant deducted KRW 200 million from the above transfer proceeds to the victim during the period of deducting value-added tax of KRW 95 billion, and then deducted the remainder of KRW 1500,000,000,000,0000,0000,0000,000,0000,000,000,0000,000 won, and thereafter, the Defendant decided to deduct the victim

On the other hand, from April 1, 2009 to December 28, 2009, the Defendant planned to remove the factory due to the relocation of (a) the (b) K in Ulsan-si, Ulsan-si (hereinafter referred to as the “second-party factory”), entered the negotiations on the contract between the two factories and the removal works, and the Defendant used the total amount of KRW 86,30,000 from July 1, 2009 to December 28, 2009 to receive and use it as expenses.

However, since the above two factories are located in the site of (M), the above two factories are located in the site of (M), the defendant is the second factories, since all of the remaining external tanks and site underground wires and all other facilities except for four tanks outside the above two factories are owned by (M)M.

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