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(영문) 수원지방법원 2014.10.16 2014노3866

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant was supplied with food materials equivalent to KRW 62,004,242 from March 16, 2013 to July 1, 2013, the transaction period with the victim B, but the Defendant was 87,656,531 won in total to the victim (i.e., KRW 63,627,320 paid directly to the victim up to the time when the victim’s complaint was filed by the victim, and KRW 3,49,530 paid to the victim on August 6, 2013, KRW 600,00 to the victim on August 6, 2013, KRW 14,529,681, which was transferred by the Defendant to the victim. The Defendant was supplied with food materials to the victim from KRW 25,652,289,656,5310,620-6,204 and KRW 480,000,00).

However, this is not a transaction price between the defendant and the victim, but a civil claim that the victim acquired from the previous business operator, and the defendant and the victim agreed to repay 400,000 won per month for the existing amount of debt. Thus, the amount exceeding 400,000 won per month out of the amount paid by the defendant during the transaction period with the victim should be appropriated for the repayment of the total amount

3) Therefore, as to the remainder of the amount paid in excess of KRW 25,652,289, which was paid in excess of KRW 48,989,402, which was paid in excess of KRW 15,652,289, the Defendant paid in excess of KRW 23,37,113 (= KRW 48,989,402 - 25,652,289), apart from the Defendant’s burden of civil liability to the victim, the Defendant did not pay in full the amount of food materials supplied by the Defendant from the victim.