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(영문) 의정부지방법원 2019.09.05 2019노259
사기
Text

The defendant's case among the judgment of the court below (including the part not guilty) shall be reversed.

The defendant is innocent. The summary of this judgment is not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts only entered into a contract with the Defendant to purchase the original team on credit from C, export it to Indonesia, and pay part of the price of supplied goods to C as the original price, and there was no deception by deceiving the victim to borrow money in the name of the original price from the victim. In this case, the dispute over the monetary part is nothing more than a civil obligation relationship between the Defendant, C, and C and the victim. 2) Of sentencing (a year imprisonment with prison labor)

B. Prosecutor 1) misunderstanding of facts (as to the acquittal of the reasoning of the lower judgment against the Defendant), the Defendant, by deceiving the victim, obtained money more than 30 times over nine months, as the original payment, and acquired it. The portion which the lower court acquitted the Defendant is sufficiently guilty in light of the mode of transactional relationship between the Defendant and the victim, the account books prepared by the victim, and the Defendant’s ability to perform by the victim at the time, etc.

2. Determination

A. The summary of this part of the facts charged is the person who engages in the original sale business.

피고인은 2015. 5. 말경 양주시 옥정동에서 같은 원단판매업에 종사하는 C의 소개로 만난 의류제조판매업자인 피해자 B에게"내가 땡 원단 덤핑 원단 을 구입하여 인도네시아로 수출하는 일을 하는데, 마진이 상당히 높고 향후 전망이 좋다.

If the purchase price of the original team is lent, the beneficiary shall not be forgotten, and the answer shall be salved, Do and Do.

In addition, “If the original purchase price is leased by cash or account transfer whenever it is necessary, the settlement shall be made every six months, and interest shall be paid at a higher rate than the market interest rate.

The phrase “assumed.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant is as above.

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