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(영문) 의정부지방법원 2016.03.11 2014고단4587

사기

Text

The defendant shall be innocent.

Reasons

1. The Defendant, on August 2010, sold approximately 10,000 dollars per unit to the victim E, who was requested by the company of 'D' from the Defendant's office located in the Gu Government-Si around August 2010 to purchase the 'PICNOL GTM-AS'.

“False speech was made to the effect that it was “,” and sent the text of the machinery as if it were sold, in the e-mail of the victimized person, the pictures of the said machinery (PROFRINVE) and the e-mail of the victimized person.

However, the defendant did not have the intent or ability to sell the above machinery, and it was thought that the defendant would have seen a way to exchange the above machinery, which is called 'the multi-section', which is merely 400 to 500 dollars, after receiving the purchase price from the injured party.

On September 8, 2010, the Defendant received USD 8,400 (in exchange conversion amount: USD 9,357,600, USD 1 =1,114) from the damaged party to the foreign exchange bank account in the name of “F” operated by the Defendant for the payment of the above textile machine.

From that time until December 11, 2010, the Defendant was transferred USD 494,900 in total (551,418,600 won: 551,418,600 won) from the victims by deceiving the above victim, victim G, and victim H in the same manner as the written list of crimes in the attached Form.

Accordingly, the defendant deceivings victims to acquire financial benefits.

2. Although the Defendant and his defense counsel agreed to sell the instant machinery to the victims and received the payment thereof, the sending of the machinery and other machinery under the contract with the victims is an I residing in the United States, and the money received from the victims was also paid to I after deducting their brokerage commission.

3. Where a document stating the statement of a person other than the defendant, such as a written statement of a witness, is to be admissible as evidence under Article 314 of the Criminal Procedure Act even though the person who made the statement has not been proven by the statement made in the courtroom, the person who made the statement is dead, the whereabouts of a foreign country where the person is living abroad, and other matters