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(영문) 청주지방법원 2016.07.22 2016노13
사기
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. Summary of the facts charged in this case

A. A. Around January 24, 2008, the Defendant committed the crime of January 24, 2008 stated that “The Defendant made food waste disposal machinery, which is located in Gwangju, Gyeonggi-do, and the production factory is already completed, and the product has already been completed. As down payment, 100 million won as down payment, the Defendant provided domestic total marketing authority for food waste disposal machinery and supplied food waste disposal machinery to the victim E.”

However, in fact, the Defendant did not have a food waste disposal machine production plant in Gwangju-do, and as he did not complete the manufacturing of food waste disposal machine, the Defendant did not have the intention or ability to supply the food waste disposal machine to the victim even if 10 million won is delivered from the damaged person.

As such, the Defendant, by deceiving the victim, received 100 million won from the damaged person as the down payment on the same day.

B. On February 15, 2008, the Defendant, at the place indicated in the above paragraph (a) around February 15, 2008, concluded that “The Defendant supplied food waste disposal machinery by cultivating micro-organism on a loan of KRW 20 million and then deducted KRW 20 million from the cost of food waste disposal equipment” to the victim E at the place indicated in the above paragraph (a).

However, the Defendant did not have a food waste disposal machine production plant in Gwangju-do, and did not complete the manufacturing of food waste disposal machine, and attempted to use the food waste disposal machine individually by receiving money from the injured party. There was no intention or ability to provide the injured party with food waste disposal machine or to pay the borrowed money to the injured party.

The defendant deceivings the victim as such.

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