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(영문) 부산지방법원 2015.11.05 2014고정5536
사기방조
Text

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

Reasons

1. From March 2008 to January 31, 2013, the Defendant is a person who works as the head of the business team in D (hereinafter “D”) located in P (hereinafter “D”), which has overall control over the storage of warehouses, such as storage, storage, delivery, management, and collection of fees.

E is a representative director of “F” and a person operating “G” corporation (hereinafter “G”) from July 2008 to March 25, 201, and H is an employee who works as a business owner in D from October 24, 201 to February 25, 2013 and confirms relevant documents and enters and enters the status of entrusted goods on D’s computer network.

The Defendant may not perform a disposal act, such as shipping the entrusted goods to the Gyeongnam Savings Bank, a mortgagee, before he/she repaid the loan to the Gyeongnam Savings Bank, and receives the delivery certificate from the Gyeongnam Savings Bank, in accordance with the trust property storage contract and company regulations with the Gyeongnam Savings Bank.

Nevertheless, on December 22, 2012, E made a false statement to the victim L, a representative of the fishery products distribution company K located in Busan Seo-gu, Busan Seo-gu, that “D will sell it because it has D 1,673 boxes.” At the time when the victim visited D on December 23, 2012 to purchase for a sample of 150 boxes of return from E, the Defendant released it even though he did not receive the delivery certificate from the Gyeongnam-gu Savings Bank.

Then, the Defendant confirmed that the victim did not have any legal defect in the delivery of ASEAN, and decided to purchase the remaining 1,523 gamblings to E, and, on December 28, 2012, remitted KRW 4,569,00 to the Agricultural Cooperative (M) account in the name of E on December 28, 2012, and confirmed that the said 1,523 gamblings had been transferred to the victim normally.

E is therefore the victim.

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