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(영문) 대전지방법원 2017.01.11 2016고단1108
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant, on May 28, 2013, produces and sells a “H game water” to the victim G at the F hotel coffee shop located in Busan Jin-gu E, Busan, and sells it.

By June 10, 2013, the game machine will be supplied with 40 games until June 10, 2013.

However, the Defendant, who was aware of that he was a game provider, was supplied 30 million won by the I, the game provider, and the 40 game machine supplied by I, and the 40 game machine supplied by I had to be supplied to others. Therefore, even if the Defendant received 40 million won from the injured party, he did not have the intent or ability to supply 40 game machine.

Nevertheless, Defendant 1 received a false statement from the victim and received a total of KRW 40 million from the Nonghyup account in the name of J (Account Number K) designated by I to receive KRW 20 million on two occasions, excluding KRW 30,000,000,000,000 from I, and acquired a total of KRW 40,000,000,000,000,000 from I.

2. The following circumstances acknowledged by the evidence adopted and examined by this Court, namely, that the defendant would deliver a game machine to the deceased.

at the time of the notice, the defendant operated L, a H game production company;

It is true that the game machine was supplied by entering into a total sales contract with I and the amount of KRW 40 million has been used in L.

The fact that the money was remitted to the account in the name of J is the fact, and I stated that it was true that the machinery was manufactured by putting the order in the factory in Wcheon upon the order of 40 game machines from the defendant at the time. And I produced the game machine upon the order from the defendant, and it was not found that the defendant did not find the ordered game machine at the next day after the month.

Although I stated that the game machine was sent, I concluded the total sales contract at the time.

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