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(영문) 울산지방법원 2012.10.26 2012고단1324

사기

Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. Around 10:00 on May 14, 201, the summary of the facts charged: (a) the Defendant: (b) at the office of the E (E) (hereinafter “E”); (c) representative victim G of F (hereinafter “F) Co., Ltd., Ltd. (hereinafter “F”); (d) the Defendant sold all scrap metal generated in our company for the next one year as F; and (b) the Defendant sold all scrap metal generated in the company as a deposit for the scrap metal amount to KRW 300 million.

However, the facts are as follows: (a) under the condition that he/she takes over all of the factory facilities under the condition that he/she takes over 6.27 billion won from H, a telegraph, and was unable to operate the factory until the end of March 201; (b) there was no capacity to produce scrap metal of 300t monthly from April 201; (c) On January 201, 201, he/she concluded a contract for supply of scrap metal with J (hereinafter “I”) with the Defendant Company I (hereinafter “I”) for the supply of scrap metal to the Plaintiff because it is difficult to secure the quantity from the trading company as at the time of the supply of scrap metal because it is difficult to secure the quantity from the trading company; and (d) concluded a contract for the supply of scrap metal with Hong Y Co., Ltd. on April 5, 2011, and concluded the contract for the supply of scrap metal to 120 billion won, and there was no need to cancel the contract for the supply of scrap metal to 201.

On May 14, 201, the Defendant, by deceiving the victim as such, received a total of KRW 150 million from the victim, under the name of the deposit money for scrap metal, and KRW 150 million under the same name on May 21, 201, and received KRW 300 million from the victim via the corporate passbook for Kim Jong-nam Bank.

2. The defendant and his defense counsel's arguments are already made with I before trading with the victim.