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(영문) 의정부지방법원 고양지원 2012.09.14 2012고합81
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is D representative director for the purpose of selling the original company.

On May 2009, the Defendant entered into a contract for the provision of the victim’s copulty Sulpha Co., Ltd., and maintained the transactional relationship with the victim by being supplied with the chemical history produced in Indonesia and Vietnam, etc. from the victim and selling it to the customer of the Defendant, and paying the price for the chemical history to the victim.

On January 4, 2008, when the Korea Development Bank extended a loan of USD 6.5 million to the above subsidiary on February 11, 2008, the Defendant and D Co., Ltd. and the Defendant provided a guarantee together. From July 4, 2008 to March 9, 2010, remitted USD 3.5 million (U$) to D’s name from July 4, 2008 to March 9, 201.

On the other hand, since July 2010, business losses began to be accumulated due to the width of raw materials value, etc., and around September 2010, the refund policy of value-added tax began to be cancelled and its losses were added accordingly.

Although the Defendant, as seen above, supplied with a chemical history from the victim and sold it to the customer of the Defendant, sold the proceeds to the customer of the Defendant, and paid them to the victim, the Defendant collected the proceeds from sales to the customer of the Defendant and paid them to the victim. However, from July 2008 to July 2008, the funds to be paid to the victim was insufficient by using the proceeds from sales to the acquisition and operation funds of local subsidiaries with Uzbekistan, and since July 2010, the business losses began to be accumulated due to the raw material width, etc., and around September 2010, the losses were to be added due to the cancellation of the policy for refund of value-added tax by Uzbekistan. From January 201, 201, even if he was supplied with a chemical history from the victim, the intent or ability to pay the proceeds became insufficient.

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