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(영문) 서울중앙지방법원 2016.11.24 2015고단5881

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is a director of “F” holding a general sales right in the Republic of Korea of the goods “E” with the trade name of “Stock Company D,” and the victim G was engaged in importing the goods of “E” with the trade name of “H.”

Around May 8, 2013, the victim entered into an import contract with I for the goods, such as the “E”, and around May 21, 2013, I paid the price for taking the imported goods equivalent to the market price of KRW 62,479.30 of the 62,479.30 (Refund 92,879,853). On July 21, 2013, I refused to take over the imported goods of KRW 45,787.50 of the market price of KRW 45,787 (Korean KRW 67,948,655) and the victim intended to return the said imported goods.

On August 15, 2013, the Defendant concluded that “A” office operated by the victim under Article 703 of the Guro-gu Seoul Metropolitan Government J Building 703, “A” that, if the victim returned imported goods to the victim, the victim’s relation with the other party would become potable. As it is possible to open the store in Busan K store, the Defendant entered and sold goods to the outside, and the sales proceeds will be deposited immediately.”

However, the Defendant, at the time, was liable for national tax liability equivalent to KRW 1.9 billion, and the victim’s imported goods were stored and sold in the above store contracted under the name of I, and the sales proceeds deposited in the account in the name of I was received from I, and it was thought that the victim’s goods remaining after the sale were arbitrarily exceeded the amount of L's warehouse, so there was no intention or ability to pay the sales proceeds normally to the victim.

Nevertheless, on August 27, 2013, the Defendant, by deceiving the victim, received from the victim goods equivalent to KRW 45,787.50 of the market price, such as the “E” clothes, etc. ( approximately KRW 67,948,655 of the Chinese currency).

B. On November 6, 2013, the Defendant, at the above “H” office of the said “Co., Ltd.”, would act as an agent for the victim with respect to the import of the E clothes, etc.