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(영문) 서울중앙지방법원 2017.02.17 2016고합415
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the substantial representative of D Co., Ltd. (hereinafter “D”) who is a textile trading company located in Jung-gu Seoul Metropolitan Government C.

On June 2014, the Defendant changed the customs clearance to F, a director of the Victim E Co., Ltd. (hereinafter “victim”) Chinese Office (hereinafter “Co., Ltd.”) in order to import the original or original customs clearance. On the face of a customs clearance agency, the Defendant would pay the payment within 15 days after the customs clearance and pay 2.3% of the commission for customs clearance.

A buyer is guaranteed.

Modern Hashes, Hyundai Heavy Industries Trade Union, G Association, fire stations, etc. (hereinafter referred to as “Modern Hashes, etc.”) are the buyers when referred to each of the above companies collectively.

The phrase “the victim company entered into an import clearance agency contract with the victim company.”

In fact, however, there was no receipt from Hyundai Ethicals, etc., and the defendant did not have any intent or ability to pay the price and fees to the victim company as agreed, even if the defendant received the originals from the victim company as an bad credit bad in excess of his/her obligation and received import clearance by proxy.

The Defendant, by deceiving F as such, received the supply of 2,163,694,567 won in total from around June 30, 2014 to around September 23, 2014, including the supply of 94,463,078 won and the originals equivalent to KRW 94,463,07 from the victim company to around September 23, 2014.

2. The gist of the arguments by the Defendant and the defense counsel was “A plan to enter into a contract with the Hyundai Middle Industries Labor Union” with the victim company, and entered into a contract with the G Association.

“The phrase “,” and there is neither the fact that modern Hashes et al. called the buyer, as described in the facts charged.

The defendant paid approximately KRW 900,000,000 to the victim company about KRW 2.1 billion, and KRW 1.2 billion is contaminated in the course of shipment, or the delivery by the victim company is delayed or suspended.

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