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(영문) 대구지방법원 2014.05.16 2013노4017
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a factual error) is true that the defendant purchased ice scrap scrapers from the victim (hereinafter “the instant machinery”) and failed to pay the machinery price, but this is merely a non-performance of obligation, and there is no intention to acquire the defendant by fraud.

2. The following circumstances acknowledged by each evidence duly adopted and examined by the court below and the court below, i.e., ① there is a dispute between the defendant and the victim on the amount of the purchase price of the instant machinery, but even according to the defendant’s assertion, the defendant did not have the ability to pay the instant machinery at the time of the instant transaction; ② the defendant purchased the instant machinery on or around January 2010; and ② the amount of the machinery price was the money, which was the money, which was the money, which was the money, which was the money, which was the money, which was the money, which was the money that was used in the instant machinery, and was paid by the victim until August 201, 201, but was not paid due to the failure to perform funeral services on the wind. However, the time when the defendant was hospitalized by the defendant after his/her sale, was about 1 year after the date of the payment agreement asserted by the defendant.

7. up to 30 days, it is difficult to believe the above argument of the defendant, and ③ since the purchase of the instant machinery, the defendant did not have paid the machinery price to the victim (only 1.5 million won was deposited for the victim only after November 7, 2013 in the original trial). Rather, around 2010, the defendant discontinued a ice manufacturing business operated by the defendant and disposed of the instant machinery together without the victim's consent or consent. ④ At the time of the purchase of the instant machinery, the defendant was only thought that the defendant would pay the machinery price if he would cover the money for funeral using the instant machinery, and thus, the victim could have known that the defendant had no intention or ability to pay the money.

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