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(영문) 수원지방법원 2016.10.12 2016노1129

사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B did not take over the quantity promised to the Victim K due to a misunderstanding of facts as to the fraud of the Defendant K with the victim K (hereinafter “victim K”), following the conclusion of an import agency contract with the victim K on behalf of the victim, due to the reduction of customs duties on a small-scale government circulation work, the rapid increase in domestic high-end import trends due to the rapid increase in domestic prices, and economic changes, such as the decline in the prices of the Chinese high-end trends, and so on. Defendant A and B did not take over the quantity imported by the victim K on or around December 201 as to the portion for which G did not take over the quantity, and Defendant B did not take over the property or property gains from the victim K on or after the end of the same contract. Since Defendant B did not have agreed to take over the amount of 180 tons of domestic goods from the victim K on December 201, the part of the amount acquired and supplied to the victim as a security, the Defendants did not have taken over the entire quantity of the forest and livestock products as security, and did not have taken over the entire portion of the amount acquired.

B. Defendant A and C’s misunderstanding of facts as to the fraud against Defendant A and the J (hereinafter “victimJ”) and Defendant A and H did not obtain any property or property benefits in accordance with the import agency agreement, apart from whether they are liable for civil damages as prescribed by the import agency agreement. Since Defendant A and H paid a normal price for the quantity received from the victim J, Defendant A had the victim J by deceiving the victimJ.