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(영문) 인천지방법원 2012.11.09 2012고정872
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The Defendant is a person who actually runs a stock company E.

The facts are that the machinery that the Defendant wants to sell to the victim D is not manufactured by the Japan’s U.S. S.C., but only a part of the machinery manufactured from the above manufacturing. Although the material supply device, automation system, and radar processing machine in the component part of the machinery does not work normally, the Defendant, even though he did not work normally, did not notify the above circumstances at the E office located in the Nam-gu Seoul Metropolitan Government F Co., Ltd., Ltd. on September 17, 2010, he acquired the money from the victim by transfer from the victim on September 2010, 2010, by means of false words to the victim to sell “uncher cutting equipment, 13, Doro ice chain,” without notifying the above circumstances at the office located in the Nam-gu Seoul Metropolitan City, Nam-gu, Incheon.

2. Determination

A. According to the evidence submitted by the prosecutor of the investigation, it is recognized that stoer Co., Ltd. E (hereinafter “E”) manufactured the automatic material supply system corporation among the above equipment sold by the victim (hereinafter “instant equipment”) and was produced by the domestic company.

However, according to the records, the following circumstances are as follows: ① the name of the object to be estimated in the estimate sent by E to the victim is indicated as “unmardoer air (2005 Form)” and “Fms: Automatic material supply device (2005 Form)”; ② the Defendant did not make a statement to the victim to the effect that “the entire constituent part of the instant equipment is a manufactured object of unmarry,” and ③ the sales contract between E and the victim is written as “M3015HVP-40CF, 205 Form)” and the entire constituent part between E and the victim is composed of unmared products.

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