사기
The defendant is not guilty. The summary of this judgment shall be announced publicly.
1. The summary of the facts charged is that the Defendant, while serving as the director (the name of Chinese style “C”) of the limited company located in China (hereinafter “C”), invested a certain facility in the “E” limited construction (the representative F; hereinafter “E”) established at the year of China in order to supply diesel or ice cream to the D shop in China, and led the Defendant to operate E.
around January 2014, the Defendant is the victim G and the victim H in the non-commercial restaurant located in the Chinese school of the year of China, and the Defendant is the victim G and the victim H, “I punishment, a Korean D representative, and C director.
I would like to supply the ice forest raw materials to E factories by manufacturing the ice cream to D stores in China.
The supply price of the raw materials for ice cream was monthly settled and paid on the fifth day of the following month.
However, the defendant did not have the intention or ability to pay the price even if he received the ices from the victims.
As such, the Defendant, as described in the crime list from January 2014 to August 2014, by deceiving the victims, received ice cream materials equivalent to the 121,459 bills from the victims, and received them by the victims, and then acquired them by using ice cream materials, etc. equivalent to the total amount of eight times from the victims (489,672,942 won as of August 2014) from January 2014 to August 2014.
2. Determination
A. The gist of the Defendant’s assertion is that a person who invested in machinery, etc. in E is not a person who led to and operated the machinery, etc. in E, and only recommended the victims to supply ASclim raw materials, and there was no such statement as stated in the facts charged, and E was not paid only a part of the cost of ASclim raw materials to the victims, and the failure to pay the remainder was not due to the failure of the victims to receive the payment from C. Thus, the Defendant did not deceiving the victims.
(b) Determination 1) Recognizing by record as follows.