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(영문) 수원지방법원 2019.07.26 2018고합317
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

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

Reasons

1. The summary of the facts charged is a person who was actually operating a stock company B (hereinafter “B”) from around April 2010 to June 2015, and arranged for the supply of the victim C Co., Ltd. (hereinafter “damage Co., Ltd.”) to the Chinese shipbuilding yard, and when the Ray is supplied, the Defendant received a certain amount of fees from the Chinese shipbuilding yard.

On January 9, 2013, the Defendant entered into a supply contract in the name of B with D (hereinafter referred to as “D”) and with D (hereinafter referred to as “D”) 10 parts of D (hereinafter referred to as “D”), which are ordered by E. However, the Defendant entered into an agreement with B to determine that the fees and profits for B shall be the difference between the prices to be supplied to E and the prices to be supplied by the damaged company, and the victimized company supplied 10 parts of the total prices to E by June 14, 2014, and the victimized company paid the amount to be paid to the victimized company in accordance with the said agreement after receiving the payment from E for the total seven parts of D.

The Defendant, from March 2014 to China, has the same year with the foreign currency passbook in the bank name B from March 2014.

6. The same year while keeping US$ 1,587,000, which is received from E and must be paid to the victimized company by the remaining three goods until 18.

6. 19. Requests for the payment of the price of a damaged company

6. 23. 23. citing the reasons for setting off B’s claims that cannot claim against the damaged company, namely, claims not set-off or false claims that are not set-off, which are not set-off against the claim that the damaged company is liable to pay fees, or claims that the damaged company is liable to pay damages incurred due to the failure to carry out continuous delivery business due to the lack of negotiation with D.

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