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(영문) 서울중앙지방법원 2019.01.10 2018고단2396
사기
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant A was the representative director of C established for the purpose of the automobile parts manufacturing business, and Defendant B was the president of C.

On December 2, 2016, the Defendants made a false statement to the victim E office located in Asan-si, Asan-si to the effect that “I would pay the price of supply without molding, if I would not have any inventory, if I would deliver boom, booms and scarps on the back of the automobile trial” to those who are officers and employees of the said victim.

However, as the management situation has deteriorated each year, there was no intention or ability to pay the price even if the victim receives the parts of the goods, public charges, and employees because it is inevitable for the enemy of KRW 1.2 billion in the year 2017 due to automobile strike, etc.

Nevertheless, the Defendants, as seen above, had the victim by deceiving the victim and had the victim received a total of KRW 87,007,007,021 from the victim, including KRW 35,883,682 around February 2017 and KRW 51,123,339 around March 2017.

As a result, the Defendants conspired to acquire the property from the victim.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone, which led the Defendants to deception the victim’s officers and employees as stated in the instant facts charged.

It is difficult to see that there is a criminal intent to obtain fraud against the Defendants, or that there is a criminal intention to obtain fraud from the Defendants, beyond reasonable doubt.

As a result of a fire in early December 2016, 201, which supplied parts to C (hereinafter “C”) and caused a situation where the manufacturer of the parts related to “F” was suspended due to the failure to supply parts, the G Co., Ltd. (hereinafter “G”) as a first top company.

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