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(영문) 광주지방법원 2017.11.22 2017고단3303 (1)
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant, around August 5, 2014, paid the Victim E (59) proceeds by selling selling 5,860 km (5 km) 5,860 km to the victim E (59 cm) in Nam-gu, Gwangju.

“A false representation was made.”

However, the Defendant did not have any intention or ability to sell and pay the price, even if the Defendant was issued with the above knives knife (e.g., knife) by the injured party.

Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) received from the victim, a delivery of the amount equivalent to KRW 3,082,50,00, the market price of the 685 kilograms (3,082,50,000, the amount equivalent to KRW 216,000, the market price of the 360 kilograms (-), and the amount equivalent to KRW 5,860,00, the amount equivalent to KRW 14,650,00, the market price of the 5,860 kilograms (14,650,000, the amount equivalent to KRW 14,948,50,00 (hereinafter “non-ferrous metal product of this case”).

2. That the defendant had no intention or ability to pay the price to the victim by selling the non-ferrous metals of this case in the facts charged of judgment

There is no indication of the circumstances that could be seen, and there was an intentional intent of the victim to obtain the non-ferrous metal of this case to the defendant.

The circumstances cited in the assertion, namely, that the Defendant avoided contact with the victim before and after the delivery of the instant non-ferrous metal, or denied the fact of selling the instant non-metallic metal to the victim even though the Defendant had already sold the instant non-metallic metal, even if there were the facts alleged by the victim, the Defendant did not have any intent or ability to pay the price to the victim by selling the instant non-metallic metal at the time of receiving the delivery of the instant non-metallic metal from the victim.

It is insufficient to quantate.

In addition, the circumstances that the defendant sold nitroby scrap, including the instant non-ferrous metal, but did not notify the victim of such fact for a considerable period of time also have been made by this court.

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