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(영문) 서울중앙지방법원 2016.04.22 2016노150
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. There was no intention to commit the crime by deceiving the accused of the fact.

B. The punishment of the lower court is too heavy.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is E Co., Ltd. (hereinafter “E”).

Around October 21, 2013, the victim F Co., Ltd. (G representative director G; hereinafter referred to as “victim”) at the E office around October 21, 2013.

The person in charge of receipt of the order shall deliver to the person in charge of receipt of the order a product of Aluminium finium to be used in the creative construction of Aluminy Ma2 in Sejong-si. A Promissory Notes corresponding to the supply price shall be issued, and a Promissory Notes shall be paid by the due date of payment stated in the Promissory Notes

“.....”

However, E had accumulated accumulated amounts of KRW 4 billion since around 2012, and it was called “refiscing” the amount of a bill issued in the past by receiving or using bonds the source of the ongoing construction work, and the bill to be paid at the maturity of November 2013 to December 12, 2013 is imminent, so the Defendant did not have the intent or ability to pay the bill properly issued for the settlement of the price even after receiving the materials for the construction from the victimized company.

The Defendant, by deceiving the damaged company, shall do so from November 4, 2013 to December 16, 2013, the sum of the market price of 124,408,955 won aluminium z. (hereinafter “new z.” of this case”).

The supply was acquired and acquired.

B. The lower court determined as follows based on the evidence examined: (a) the Defendant’s status and role; (b) the financial status of E around the delivery date of the instant new Si; (c) the details and details of the payment and return of the new Si price of the instant new Si of the Defendant; and (d) the delivery date of the instant new Si of the instant case (from November 4, 2013 to December 16, 2013) and the date of the instant new Si of the instant case (from January 13, 2014 to January 13, 2014; and (e) the period of time and the amount of default until January 14, 2014, the Defendant committed the instant crime.

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