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(영문) 서울북부지방법원 2016.05.27 2015고합144
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant had operated D (hereinafter “D”) that produces vehicle engines in Samsung-si. The victim SPK Co., Ltd. (hereinafter “victim Co., Ltd.”) is a company that handles automobile repair parts and industrial vehicle parts located in Austria in Japan, and the Defendant, upon receiving orders from the victim company in around 2012, has supplied the victim company with normal engine engines at the time of 2012, and the victim company again supplied the engine engines to the Defendant at around 2012. However, around 2013, the Defendant supplied the Defendant with the orders for engine engines, as if it were the normal engine engines, and attempted to acquire them by receiving goods payment.

From April 2013 to May 2013 of the same year, the Defendant received orders from the victim company E with regard to engines in the above D, and 5W30,10W30, and 10W30,000 engine engines issued by the Defendant to the victim company, “The quality of the engine is high,” and the Defendant did not comply with the victim company’s normal standards in the case of the engine engines 10W30,000 engines. The Defendant stated that: (a) the Defendant issued the victim company with an order from the victim company E to the victim company for engines; (b) the Defendant determined that the engines were manufactured as metal ingredients; and (c) the Defendant did not receive the victim company’s normal rate in the case of SL class 10W; and (d) the Defendant did not receive any additives from the victim company.

Pursuant to the contract, on April 4, 2013, the Defendant: (a) around 2013, around 5W30 Engine 310 drums, SL rating 10W30 drums, 360 drums, SN rating 10W30 drums, 130 drums per 130 drums (hereinafter referred to as USD 249,180) are U.S. dollars.

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