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(영문) 서울중앙지방법원 2018.07.20 2017고단3344
사기
Text

The defendant is innocent.

Reasons

The Defendant of the facts charged in the instant case is a person who operated the (State)C, a company that exports the clothing manufactured through a clothing manufacturer in China, after receiving an order from a “B” company located in Japan from July 2012 to September 2016, which was located in Japan.

On May 2016, the Defendant supplied the clothing original unit on the condition that the Plaintiff would pay the prime cost of the clothing unit 45 days later by supplying the clothing original unit from the representative director E of the victim D (ju).

However, the Defendant had no intention or ability to pay the original amount even if the Defendant received the clothing originals from the victim D (State), as the amount payable to another customer as of August 2016, when the amount payable to the Defendant is insufficient to operate theC and the amount payable to the other customer continues to increase (including KRW 730,000,000,000,000,000).

As above, the Defendant: (a) by deceiving the victim D’s representative E; (b) received from the victim on May 16, 2016 the 866 gate from the victim; (c) and (d) received the supply of the 866 gate from the victim on May 16, 2016; and (b) obtained the supply of USD 73,587 total sum of USD 23,587 and USD 73,229.83 (Korean Won KRW 83,54,289) over 14 occasions, and acquired the pecuniary benefits equivalent to the same amount by fraud.

On May 2016, the Defendant supplied the clothing raw material from the victim F representative G on the condition that the prime cost would be paid 30 days later.

However, at that time, the Defendant had no intention or ability to pay the original amount even if the Defendant received the clothing raw materials from the representative G of the victim F, due to the lack of operational funds of Section 1.C and the continuous increase of the unpaid transaction amount.

As above, the defendant deceivings the representative G of the victim F and thereby, was supplied with 1,245 Y on May 13, 2016 from the damaged party, and was also supplied with 12 times as shown in attached Table 2 of the List of Crimes.

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