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(영문) 인천지방법원 2018.12.07 2016고합609
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Reasons

1. Summary of the facts charged

A. The primary Defendant in the facts charged is a person who processes, sells, or distributes steel plates or sn beam lines by substantially operating three companies, including B Co., Ltd. (Representative Director C), D (Representative E), and F Co., Ltd. (Representative G), and H is a person who supplies steel plates and sn beam lines and sn beam lines to the Defendant’s companies from June 2013, and supplies steel plates and sn beam lines to the Defendant’s companies on credit. Since June 2013, the Defendant is a company that supplies steel plates and sn beam lines to the said companies of H on credit.

Around January 28, 2013, the Defendant: (a) provisionally seized a factory of B Co., Ltd. for the purpose of preserving the claim for the payment of goods to B Co., Ltd.; and (b) had the Defendant spent KRW 485,493,725 as deposit money around February 18, 2013; and (c) had the Defendant spent KRW 485,493,725 as from January 31, 2013.

4. Despite the payment of the total amount of KRW 1,272,865,020 to Q&A Co., Ltd., which is another customer from the date of June, the said company was not supplied with steel products from Q&A, which is the importer of steel products.

On the other hand, the financial and management conditions of the defendant company have become difficult due to the provision of only steel materials worth KRW 58,512,428, and around September 2013, the payment of interest and wages for KRW 9,500,000 for the bank loans of KRW 9.559,000,000 for KRW 22,00,000 for workers and the price for goods to other customers has become difficult.

Accordingly, the Defendant supplied the steel board and H beam beam to himself/herself from about four months before around October 2013.

H’s order of a large number of steel plates and H sn beam lines from another company, referring as if the number of steel plates and H sn beam lines are needed, and is supplied by Company I on credit with large numbers of steel plates and H sn beam lines, and disposes of the supplied steel plates and H sn beam at a level of 15% to 20% of the supply price.

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