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The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
Reasons
1. The Defendant is a person who operated D (the name of business operator: E; hereinafter “instant marina”) located in Pyeongtaek-si C from December 7, 2012 to July 2013, 2013.
On December 20, 2012, the Defendant made a false statement to the Victim F to pay the price if he/she delivers raw materials to the Victim F.
However, there was no intention or ability to pay the price in time, even if the article was delivered by the injured party, because there was no particular property at the time, and because there was a situation where the operation of the art was difficult to the extent of delinquency in public charges and taxes.
Nevertheless, the Defendant, as seen above, received goods equivalent to KRW 5,197,772 on the same day from the injured party, and received goods equivalent to KRW 10,342,514 in total nine times from around the above day to April 9, 2013 (hereinafter “instant goods”), such as the list of crimes, from around the above day to around April 9, 2013.
2. Determination
A. The defendant and his defense counsel asserted that the defendant acquired the instant marina from G for the purpose of collecting the defendant's credit against the defendant's wife, and did not participate in the operation of the instant marina, and that the defendant did not deceive the victim in connection with the instant goods transaction and did not intend to commit fraud. The defendant asserted that the defendant did not deception the victim in connection with the instant goods transaction and did not intend to commit fraud.
B. In light of the following facts and circumstances revealed by the records, even according to all the evidence submitted by the prosecutor, the Defendant, separate from the fact that the Defendant, who is the title holder of the symptoms of registration of the instant marina, assumes civil liability for the obligation to pay for the goods to the victim, by deceiving the victim, thereby taking the instant goods from the victim.