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(영문) 서울남부지방법원 2015.02.12 2014고단1414
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant: (a) on September 6, 201, at a restaurant in which it is impossible to identify the trade name in the Yeongdeungpo-gu Seoul Metropolitan City Line Line, the Defendant received a request from D to import 764 boxes from New Zealand to sell them in Korea; and (b) around September 6, 201, at the Incheon Airport Customs Office located in Jung-gu, Incheon, Jung-gu, Incheon, to purchase at KRW 70,000 per box; and (c) on September 6, 201, the Defendant decided to sell and sell D and 70 boxes from D and 700 boxes.

However, the Defendant was thought to offset the above-mentioned D’s claim of KRW 23 million with the above-mentioned D’s obligation, and around that time, there was no intention or ability to pay the above-mentioned price normally even if the Defendant purchased the above reduction from the victim.

The Defendant, as such, by deceiving the victim, received 700 boxes at the market price of KRW 26 million from the victim, that is, the Defendant was delivered from the victim.

2. The facts charged are based on the premise that the defendant purchased a reduction or was entrusted with sales directly by E, not D, and therefore, even though he was charged with the above transaction to E, he had the intent to set-off and refuse to pay the purchase price, and responded to the contract with E. Therefore, as to whether the other party to the contract with the defendant is E, health expenses as to whether the other party to the contract with the defendant is E, and the following circumstances acknowledged by the evidence duly adopted by this court, i.e., as the FF corporation to which D belongs, the party to the contract with the defendant prepared a certificate of acceptance of the above import reduction, i.e., the receipt of the above import reduction, and the statement of receipt and payment for the amount equivalent to the cost of the reduction import, and ii) from the police to receive and sell the reduction from E and Dong business, and sales of the reduction are made if E is imported.

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