사기
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Around July 2012, the Defendant: (a) made several proposals to Victim C, who has no experience in the tugboat business around July 2012, stating that the tugboat business profitability is good; and (b) received a delegation of all business related to the purchase, delivery, registration, etc. of a tugboat from the damaged party on Oct. 10, 2012; (c) attempted to obtain the difference by receiving the money from the injured party as the selling price higher than the actual selling price of the tugboat to be purchased.
On January 2013, 2013, the Defendant sent to the victim “(E) suitable to the preceding North Gunsan port” at the residence of the Defendant, Seo-gu, Busan, Seo-gu, 303.
The author tried to purchase in 200 million won in the first place with the first place.
Down payment and intermediate payment are required.
“A false statement” was made.
However, the sale price agreed with the owner of the ship was KRW 135 million.
The Defendant, by deceiving the victim, received KRW 25 million from the victim, as the down payment around January 29, 2013, from the victim, to the Agricultural Cooperative Account (F) in the name of the Defendant. On March 27, 2013, the Defendant received KRW 175 million in the name of intermediate payments and remainder payments.
Accordingly, the defendant deceivings the victim, thereby deceiving 65 million won, which is the difference between the actual sale price of the above ship and the actual sale price of the above ship.
2. Determination
A. The claimant of the parties asserts that C, while the defendant purchased a tugboat for the complainant on January 29, 2013, he/she sent a down payment once again because he/she around January 29, 2013, he/she deposited the down payment on January 29, 2013 as stated in the facts charged, and purchased the above E (hereinafter referred to as "the instant vessel") at KRW 200 million by paying the remainder on March 27, 2013.
On March 24, 2013, the Defendant entered into a sales contract with C to purchase the instant vessel at KRW 135 million, instead of purchasing the instant vessel upon delegation of C’s duties concerning the purchase of the instant vessel, and thereafter, entered into a sales contract with C to use the instant vessel at KRW 135 million.