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(영문) 인천지방법원 부천지원 2015.05.01 2014고단2449
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who imports and sells the software called “H” from “G”, a foreign company, and the victim I entered into a sales contract with the Defendant on April 1, 2009 with respect to the said “H” and then sells the said product to the Republic of Korea.

On January 201, the Defendant concluded that “G” was a false request made by “G” to “G” in order to protect business rights in order to prevent the import of the same product after concluding a separate contract with “G” and to prevent the said product from being supplied to the said two companies,” while engaging in a business related to the supply of “H” and “proof engineering” with “H” at the time of the insular place.

However, the facts are that “G” did not request the Defendant to pay the aforementioned advance payment with respect to the supply of the product, and even if the Defendant received the advance payment from the victim, the Defendant did not have any intent or ability to pay the said advance payment to “G” under the pretext of receiving the product from “G.”

Around January 31, 201, the Defendant received 20,000,000 won in total from the victim as a prior payment related to the “LH Corporation” case, and around November 30, 2011, the Defendant received 56,000,000 won in total from the victim, such as receiving 36,00,000,000 won in relation to the case of “protruding engineering” under the same name.

Accordingly, the defendant was given property by deceiving the victim.

2. The judgment of the defendant and the defense counsel received money from the victim, but it received money from the victim, which only received the money from the source of softwa supplied to the victim, and the victim received money from 'G' and the other company did not supply the LH Corporation and the MH engineering.

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