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(영문) 서울북부지방법원 2018.11.09 2018고단694

사기등

Text

The defendant shall be innocent.

Reasons

1. On January 25, 2017, the Defendant: (a) around January 25, 2017, to the employees of the Dispute Resolution Co., Ltd. Co., Ltd. for the settlement of the victim’s family store “if sold in the Home shopping center in the importing sea,

Eth Lbaba 5.6 tons of the 5.6 tons of the Lbabathon, the ethon of March 30, 2017, and the same year

4.15.92,180,000 won and 100,848,000 won on the 30.15.92,180,000 won on the 30.1,000 won on the same month.

It is intended to issue a surety insurance policy equivalent to KRW 100,000,000 for the first shipment.

“A false representation was made.”

However, the Defendant, without any particular property, has already been liable for the debt amounting to KRW 1.50 million, and there was no need to fully proceed with the business as well as home shopping, and there was no ability to issue the surety insurance policy due to bad credit standing. Therefore, even if the Defendant was supplied by the injured party, there was no intent or ability to pay the amount normally.

On February 2017, the Defendant: (a) by deceiving the victim; and (b) obtained the delivery of two tons of a Tbbbbeon equivalent to KRW 104,940,000 at the market price from the victim; (c) obtained the delivery of two tons of a Tbbeon; (d) failed to receive the payment for the said two tons at the remaining market price; and (e) failed to receive the payment for the said two tons at the 3.6 tons of a Tbbeon, which is equivalent to KRW 172,810,000 at the market price.

2. According to the records, the Defendant: (a) requested Lbabace LAB to the Lbace Co., Ltd. to import on behalf of 5.6 tons each other on October 2016; and (b) paid KRW 41,013,864, including expenses for sampling and fees, from October 24, 2016 to December 30, 2016; (c) the Defendant was issued a guaranty insurance policy (payment) by D Co., Ltd. on September 30, 2016; (d) the Defendant submitted documents to obtain the guaranty insurance policy through a person in charge of D Co., Ltd. introduced by D Co., Ltd.; (e) the Defendant was refused to issue the guaranty insurance policy from D Co., Ltd.; and (e) the Defendant, a personal company E and the Defendant substantially operated E Co., Ltd. at the tax office that reported the amount of sales to D Co., Ltd.; and (e) the Defendant was the total amount of sales reported to D Co., Ltd.