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(영문) 대전지방법원 홍성지원 2012.10.12 2012고단430
사기
Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. From July 2010, the D Kimchi Factory located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in the facts charged, was supplied to G of Kimchi Manufacturing Business Co., Ltd. located in the Franchi City operated by the victim E.

On May 201, the Defendant borne acquisition fund, and H decided to operate a partnership by taking charge of factory management, securing sales places, etc., and acquired the above D Kimchi factory from I.

On June 201, the Defendant made a false statement to the effect that “The Defendant supplied the Defendant with a new drilling. The Defendant, while keeping the distribution drilling in a cooling warehouse in advance, changed a promissory note so that the Defendant can purchase the delivery of the distribution to the Defendant.”

However, the defendant received a promissory note from the victim and paid the acquisition price of the said D Kimchi factory or paid the personal debt, and even if he received a promissory note, he did not have any intention or ability to deliver it to the victim.

The Defendant received, around the 3th day of the same month, from the victim, a promissory note number L, issue date, June 3, 201, and September 1, 201, the due date, September 1, 201, a promissory note number of which is 50 million won, 1, a note number M, the issue date, June 3, 201, and September 1, 201, the due date, September 1, 201, a promissory note number of 50 million won, N, the issue date, June 3, 201, a promissory note number of 1, a note number of 50 million won, the due date, October 4, 201, the due date, 50 million won, and a promissory note number of 1, a note number of 50 million won, the due date, and 200 million won.

2. As to the facts constituting the instant crime, ① the victim’s delivery of a promissory note of KRW 200 million to the Defendant is a distribution purchase fund, and the Defendant purchased the delivery of KRW 200 million with the said promissory note (referring to an unfashioned distribution) and supplied the entire amount thereof to him/her by June 201, notwithstanding the fact that it is necessary.

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