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(영문) 수원지방법원 2018.10.18 2018고단1723
사기
Text

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

Reasons

1. The Defendant is a former representative director of the Defendant Company B.

On June 2017, the Defendant received the supply price from the F Company 45 days after the end of the month after the delivery of FPCB (fPC board) to the victim E, who operated D in Osan-si, Osan-si. The Defendant received the supply price from the F Company.

The phrase “ makes a false statement.”

However, in fact, as a company B mainly supplies to the F company, the quantity of the goods supplied from January 2015 led to the aggravation of its profits. From January 2016, the sales amount of the F company continued to be short of KRW 100 million, such as wages that are fixed expenditure costs and interest on loans of an amount equivalent to KRW 1.3 billion, such as financial institutions, etc., due to the significant decrease of the sales amount. From January 2017, the situation where employees’ wages cannot be paid even from January 2017, and around June 2017, even if the goods are supplied to the other party, such as the amount of the goods paid by the F company cannot be resolved by itself.

Around June 2017, the Defendant received 46,563,605 won of FPCB goods from the injured party, and received 620,781,520 won of FPCB goods from the same place as FPC goods at the same place around July 2017 and received 620,724,920 won in total and received 65,724,920 won from the injured party.

2. Determination 1) The fact that the financial situation of B, as described in the facts charged, was aggravated as at the time when the Defendant was supplied with the annual circuit board from D operated by the victim (the victim’s spouse), to June 2017, to July 2017 by the victim (the victim’s spouse), can be acknowledged based on evidence.

2) However, in full view of the following circumstances, it is difficult to readily conclude that the Defendant, as the facts charged, deceiving the victim as well as the said goods.

(1) D is an enterprise that manufactures and supplies parts, such as a circuit board, etc., with D. B.

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