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(영문) 인천지방법원 부천지원 2016.06.17 2016고단57
사기
Text

The defendant shall be innocent.

Reasons

1. Under the facts charged, the Defendant did not have concluded a contract with the Standing Chairperson D of the C Council on recycling resources, such as the clothes, and did not have discussed with each other on the relevant projects, and did not have committed any commitment to the quantity of clothes that can be specifically supplied. The Defendant merely concluded a letter of understanding between C Council and E Company on July 1, 2009 and promoted events for gathering the clothes, the contents of the project do not directly collect the clothes from the individual members of the C Council and provide them to E Company, but rather introduce the churches that could directly provide the clothes at the C Council to E Company, and instead introduce the churches that could directly receive the clothes from the said church upon contact with the church introduced by the E Company, and thus, it could not be predicted how much possible to receive the clothes from the individual members of the E Council at the beginning of the Hunting Project, and the possibility of success in the collection of clothes was also possible.

Nevertheless, the Defendant: (a) concluded an entrustment contract with E on the collection of recyclables; (b) and (c) made the Defendant a direct dedicated clothes gathering business entity with C to receive a fluorous business support with D pastors, thereby smoothly promoting the contract; (c) accordingly, the Defendant collected more than 1,00 tons of dedicated clothes every year as if it can be able to stably supply them at low prices for a certain period of time; and (d) received money in the name of the premium and deposit money for the pertinent period.

On July 2009, the defendant, who is in Seongbuk-gu Seoul, was a representative of the defendant in Seongbuk-gu Seoul (ju) G Office, exercising the right to gather the clothes together with D pastors, who are the chairperson of the meeting of the church pastors.

The church federation and E are trying to collect clothes within their own territory, and the church federation are about 1,00 tons per year.

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