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1. The defendant is not guilty. 2. The summary of the judgment of this case shall be notified publicly.
Reasons
The summary of the facts charged is a person who has operated C (hereinafter referred to as “C”) a meat processing company.
On June 26, 2014, the Defendant appears to be a clerical error in the FG’s representative director of the Victim E Co., Ltd. (hereinafter “victim Company”) or the FG in the C Office located in Ansan-si, Ansan-si, 2014.
(hereinafter the same shall apply)
In return for receipt of advance payment of KRW 150,000,000 from the victim company, the contract was entered into between the victim company and the victim company to supply by-products, such as local areas, etc., generated in the process of processing cattle and pigs by side, to 20 tons per 1 kilogramg for each region, and 250 won per 1km for the bones, and 50 won per 1km for the bones until advance payment is withdrawn.
However, the Defendant was declared bankrupt on June 2013 while running the land processing business. From September 2013, C was unable to generate profits. Moreover, it was insufficient to supply by-products of 20 tons per month, such as C’s daily treatment meat transfer agreement. On January 24, 2014, the Mesz Fire Compensation Insurance Co., Ltd., which paid insurance money to the owner of the building, filed an application for provisional attachment of up to 135 million won with the Defendant’s debtor on April 24, 2014. In light of these circumstances, even if concluding the above contract, it did not have the ability to supply by-products as stipulated in the agreement, and ultimately, did not supply by-products after supplying only the amount of by-products of 19,727,600 won until January 87, 2015.
As such, the defendant deceiving F, the representative director of the victim company, and caused the victim company to deliver KRW 150 million to C under the pretext of advance payment.
Judgment
1. According to the evidence submitted by the prosecutor of the facts charged, the defendant was a de facto manager C, the date and time stated in the facts charged, and the animal nature between C and E.