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(영문) 서울동부지방법원 2020.01.20 2019고단2824
사기
Text

The defendant shall be innocent.

Reasons

The Defendant in the factory room is a person who actually operates B Co., Ltd. (hereinafter referred to as ‘‘(B’), and B is a subcontractor that supplies raw materials to C Co., Ltd. (hereinafter referred to as the ‘C’), and in the case of receiving orders to supply raw materials from C, it is not directly manufactured, but ordered to supply raw materials to the original manufacturer or the original intermediary, and then supplied them to C.

The Defendant was introduced through D, the principal broker, the victim F in the name of ‘‘(E’s product manufacturing business.

1. Around August 10, 2018, the Defendant visited the E office located in G in G with D, and made a shipment of approximately KRW 200,000 ampres to the victim by manufacturing a subdivisiontoto and selling it to C, and then sent it to Vietnam with the factory of C. If so, the Defendant would pay the price through D before bringing the goods.

2. On September 2018, the Defendant made a false statement to the victim by telephone at an insular location, stating, “The Defendant manufactured and loaded approximately KRW 43,00 % of the secured dust source to C and sent it to Vietnam with the factory of C. The Defendant will receive money from C. The payment will be made in full.”

However, in fact, the defendant's operation of B was in a situation where it is difficult to conduct a normal business any longer due to poor management or outstanding amount, and even the defendant did not pay large amount of supply to H, which was traded immediately before the victim, and even if he did not pay the original amount of supply to C, it is insufficient to fully repay the existing obligations such as the price of supply to H and the compensation for damages, so there is no intention or ability to pay the whole amount of the original amount to the victim at the time.

As can be seen, the Defendant deceivings the victim as such and deceivings the victim from August 21, 2018 to October 21, 2018.

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