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(영문) 서울중앙지방법원 2014.02.11 2013고합1073
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. Around November 6, 2012, the Defendant made a false statement to the effect that, at the office of the F Co., Ltd. (hereinafter “F Co., Ltd.”) located on the first floor of Jongno-gu Seoul E building (hereinafter “F Co.”), the Defendant would supply electric wires produced and sold by the G Co., Ltd. (hereinafter “G Co., Ltd.”) to H, “on-site supply and sell them to Samsung affiliate companies and pay the price on the 15th of the following month.”

However, the defendant did not have any specific plan to deliver the electric wires supplied by G companies to Samsung affiliate companies, and there was no intention or ability to pay the electric wires even if they were supplied with electric wires.

On November 6, 2012, the Defendant: (a) by deceiving the victim G company; and (b) received clothes-saving lines equivalent to KRW 106,368,350 from the I logistics warehouse at Chungcheongnam-gu, Chungcheongnam-do; (c) from that time, the Defendant was supplied with clothing-saving lines equivalent to KRW 685,804,695 in total eight times until December 20, 2012 (hereinafter “instant electric wires”).

Accordingly, the defendant was given property by deceiving the victim.

2. Determination 1) Whether fraud is established through the deception of transaction goods shall be determined by whether there was an intentional intent to acquire goods from a victim by means of false words as if the victim would have performed the price of goods, even though there is no intent or ability to repay the price of goods as at the time of transaction. Thus, it cannot be deemed that the Defendant’s legal statement, J, H, and K, each legal statement, written complaint, written statement, written estimate, written statement of account opened by each of the F Company’s head, and written statement of account opened by the customer director, in full view of all the following circumstances, which are recognized by the Defendant’s legal statement, J, H, and K, written statement, written statement of account opened by each of the F Company, written statement of account opened by the customer director, the Defendant’s intent or ability to pay the price from the beginning.

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