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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the person who operates C, a corporation of the production and export company of the amount of taxation in the People's Republic of China's Republic of China.
On July 2, 2012, the Defendant stated that “The Defendant would normally pay the victim D (the age of 28) the amount to be paid if the Defendant supplied the victim’s know, who is a secondary material of liquid taxation, to the victim D (the age of 28).”
However, in the course of operating the above C, the Defendant did not have the intention or ability to pay the price normally even if he received the goods from the victim, because the Defendant had experienced a serious economic difficulties, such as continuing to incur a loss of KRW 5 million or KRW 10 million per month.
Nevertheless, the Defendant, as such, by deceiving the victim, received two copies of liquid materials equivalent to the 60th century (10,334 won in Chinese currency) from the victim on the same day, and acquired them by taking the delivery of two copies of liquid materials from the Chinese Government on the same day. From around that time to February 26, 2013, the Defendant received 89,173.94 (15 million won in Chinese currency) from around 45 times in total, as shown in the list of crimes in the separate sheet of crimes.
2. The assertion and judgment
A. The Defendant alleged that there was a part of the goods supplied by the victim that could not be paid, but there was a continuous transaction prior to the date and time indicated in the facts charged while paying the goods. However, the Defendant asserted to the effect that the creditors could no longer operate the factory because the creditors who temporarily returned to Korea around March 2013 were unable to arbitrarily bring about the goods to be exported in the Chinese factory, and that there was no intention to commit fraud.
B. The burden of proving the facts charged in the applicable criminal trial is that the prosecutor bears the burden of proving the facts charged, and the conviction is true to the extent that there is no reasonable doubt by the judge.