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(영문) 서울남부지방법원 2013.07.11 2012고합435 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

Reasons for innocence

1. The summary of the facts charged in the instant case is an employee of F Co., Ltd. (hereinafter “F”).

On November 30, 2010, the Defendant: “Around November 30, 2010, the G Team leader of the Small and Medium Enterprise Distribution Distribution Center of the Victim Co., Ltd., “I want to manufacture a physical type tester in F and export it to the United States. I do not know about the issue of examination because I were the employees who were in progress before H, an agent of the U.S. importer.” The Small and Medium Enterprise Distribution Center of the Republic of Korea, “I would manufacture and export a physical type tester at the face of the week and receive the price of the goods from I.S.,” and “I would make efforts by the head of the G Team to provide 14,590,000 dollars for a year by providing 1,550 dollars for a year if I.S. good, but I would proceed with the L/C-related export agency contract instead of entering into a long-term contract,” and concluded the first export agency contract with the victim company.

The Defendant received USD 275,500 on December 3, 2010 under the above export agency contract related to the first L/C from the victim company as the down payment 275,500 on December 3, 201, and USD 275,500 on January 31, 2011, and again entered into an export agency contract related to the second L/C with the victim company on December 23, 2010, and did not receive USD 275,500 on December 29, 2010 from the victim company as the down payment. On February 17, 2011, the Defendant again entered into an export agency contract related to the third L/C with the victim company and did not receive USD 275,500 on February 22, 2011 from the victim company as the down payment 275,500 on March 7, 2011, and did not receive KRW 275,500 on March 27, 2011.

On March 30, 2011, the Defendant, at the Gangnam-gu Sung-dong, Gangnam-gu, Seoul, the foregoing.

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