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(영문) 인천지방법원 2018.10.12 2018고합410
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. 2018 Gohap 410 - Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by each of the Defendants, as the representative director of the corporation E (hereinafter “E”, and in the case of a corporation, the name of “stock company” is omitted) at the time of harmony C and D, and Defendant B is a person who served as the vice president of the above company.

The Defendants, in collusion on March 7, 2017, will settle electronic bills in accordance with the payment date on the face of the week by delivering the bus (Bus) to H as the operator in the victim G office located in Kimpo-si, Kimpo-si on March 7, 2017.

“A false representation was made.”

However, due to the deepening competition in the industry, E received contracts at a low price which falls short of the production cost, accumulated by the enemy due to the occurrence of additional expenses in the construction process, etc. due to the aggravation of finance, and began to pay the transaction price in bills from July 2016. On March 2017, E repaid approximately KRW 20 billion of the principal and interest on the loan obligation of approximately KRW 3.4 billion each month, and since assets reached approximately KRW 3.8 billion of the total amount of 3.8 billion, E had no ability to pay the price even if it receives the materials from the injured party, since the assets have reached approximately KRW 8.5 billion of the total amount of 3.8 billion of the assets.

The Defendants, as such, by deceiving the victim, were supplied with the same bus worth KRW 502,326,790 from around the time to October 18, 2017 by the victim.

B. 2018 Gohap 489 - Defendant A’s fraud is the representative director of the E in terms of harmony C and D.

On March 2017, the Defendant, by e-mail at the above company office, made the appearance of the victim I’s representative director, and delivered it to the J, the Defendant would be able to make the settlement with an electronic bill with the maturity of 40 days after the lapse of 40 days from the date of issuance of the electronic tax invoice, and receive the payment on the due date.

The phrase “ makes a false statement.”

However, in fact, E is from July 2016 due to the accumulatedness of the enemy and the aggravation of finance.

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