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(영문) 의정부지방법원 2015.12.03 2015고합96
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is the person who operates F, a company producing landscape lighting in Spocheon-si E.

On May 17, 2011, the Defendant: (a) at the foregoing Company, to G not aware of the financial difficulties of the Defendant Company, “A large amount of us need to pay the price at the beginning of 2011 receiving orders from the Defendant Company.” (b) The said G again ordered the victim H representative director I to pay the price, and (c) was supplied by the victim Company seven times from June 3, 201 to June 3, 201, with the content equivalent to KRW 635,301,722 in total as indicated in the attached list of crimes.

However, around 2010, the above F continued to increase the profitability by 32.3% of the sales around 201 and 45.3% of the sales around 201. On the other hand, since around 2008, the F bears a total of KRW 1.169 million of the costs for redemption and replacement due to defects in the supply products of the public institution. Since November 2009, it was difficult to designate the government-funded and non-compliant companies as new owners. Around March 2010 and around June 201, the F made 1.3 billion of the replacement costs for the existing supply. Accordingly, it was difficult to finance the amount of KRW 1.24 billion loans from an individual credit company to KRW 1.7 billion, and it was difficult to pay the interest expense up to KRW 1.7 billion each year, and the total amount of liabilities up to KRW 1.7 billion was no more than KRW 975 billion,000,000 of the total assets to be supplied.

Accordingly, the defendant deceivings I, thereby deceiving the victim company of 635,301,722 won.

2. The facts charged of this case are as shown in the annexed list of crimes from the victim company after the defendant deceivings I through G.

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