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(영문) 수원지방법원 2017.10.19 2017고단4140
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the actual operator of D Co., Ltd. (Establishment, June 17, 2014), who is a plastic withdrawal and gold-type business in P, in the time of harmony.

On January 19, 2015, the Defendant, at the office of the said D Co., Ltd., Ltd. around January 19, 2015, paid the price to F without a molding the date on which the Defendant promised to pay the price, as the Defendant received money from the ordering office, when the Plaintiff’s business of plastic retail chain E manufactures a portable plastic case and supplies plastic raw materials to F.

"Falsely speaking, it was supplied with raw materials equivalent to KRW 404,676,250,00 in total from around 16,775,00 to June 16, 2015, and then received plastic raw materials equivalent to KRW 194,920,00 from the victim company's "PC0-C-1280 UR" by the victim company, as well as from around 31 to June 16, 2015, and did not pay the remainder of KRW 209,756,250 in total from around 194,920,00 from the above price to December 18, 2014.

However, the Defendant did not have any different property, such as bad credit standing in 2012. However, even if the Defendant received raw materials from the victim company to manufacture plastic cases and supplied them to G or H, which is the place of the order, and received the payment in full immediately through G, the Defendant could have sufficiently predicted the circumstance that the victim would not have any intent or ability to pay the remainder to the victim properly when it was intended to use only a part of the paid amount for another purpose, in the situation where the obligation of D was accumulated, as well as I, as well as the Defendant or investors, and the Defendant paid the payment in full through G, the company. If such circumstances were to be properly notified to the victim company, such as F, the victim would not supply the raw materials without any other measure such as security.

Accordingly, the Defendant’s business operation by the victim company F is a private person.

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