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(영문) 서울남부지방법원 2013.09.27 2013고정1665
사기
Text

The defendant shall be innocent.

Reasons

1. On October 8, 2009, the Defendant, at D offices located in the sixth floor of the building in Yangcheon-gu Seoul Metropolitan Government, recommended the purchase of the reproductive technology from the personnel G of the victim E (mutual “F”), and was committed as if he would pay KRW 36,000 every ten months for the purchase of the reproductive technology equivalent to KRW 360,000.

However, even if the defendant purchased the product from the victim, the defendant did not have the intention or ability to pay the price.

The Defendant, by deceiving the victim as such, received the reproductive technology equivalent to 360,000 won from the NA director general of the NAA, thereby deceiving the victim.

2. In light of the Defendant’s occupation and ability at the time of the determination, the manufacturing and distribution structure of the instant product, the large amount of sales methods, methods of door-to-door sales, etc., it is insufficient to conclude that the evidence submitted by the Prosecutor, such as the witness I and J’s respective legal statements, other details of counseling, litigation documents, etc. is insufficient to conclude that the Defendant had no capacity or intent to pay the price at the time of October 8, 2009, and there is no other evidence to prove otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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