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(영문) 수원지방법원 여주지원 2017.04.13 2016고합72
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative director of C Co., Ltd (hereinafter referred to as “C”) with the overall manufacturing and electrical construction business, etc. as a whole.

C From July 1, 2011 to December 1, 2012, even after being supplied by the victim D (hereinafter “victim”) with an alternative to a total of KRW 510,356,50,00, the price for the goods was not paid.

On August 13, 2012, a victim company filed a payment order against C seeking KRW 332,184,00 of the price of the goods, and damages for delay thereof, and received a payment order (No. 2012 tea 2999, the court of Suwon District Court; hereinafter “the payment order No. 1”) on August 13, 2012, and filed an application for the payment order with C to seek the remainder amount of KRW 178,172,500 of the goods, and damages for delay thereof, and was issued on February 1, 2013 (No. 2013 tea 808, the court of Suwon District Court; hereinafter “No. 2”).

On August 28, 2013, the Victim Company was issued an attachment and assignment order (hereinafter “wholly Order 1”) with respect to the claim equivalent to KRW 332,184,00,00 held by Suwon District Court Branch Branch 2013 and KRW 332,186,00 that C had against E based on the instant payment order on August 28, 2013. On September 9, 2013, the Defendant was issued an attachment and assignment order (hereinafter “wholly Order 2”) with respect to the claim equivalent to KRW 178,172,50 held by Suwon District Court Branch 200, the Defendant was issued with respect to the claim equivalent to KRW 178,172,50 that C had against C upon the instant payment order on September 2, 2013.

According to each assignment order of this case, the Defendant heard that he would discontinue transactions from E and F, and had the victim company persuade the victim company, and had the victim company waive each of the orders of this case.

On September 23, 2013, the Defendant received orders from H, who is the representative director of the victim company, in the office of the victim company located in G around 2013.

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