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(영문) 수원지방법원 안양지원 2017.10.27 2015고단840
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative director of Yeongdeungpo-gu Seoul Metropolitan Government Company D (hereinafter “Defendant Company”) who engages in electronic parts, semiconductor wholesale and retail, and manufacturing business in Yeongdeungpo-gu.

On August 1, 2013, the Defendant, at the office of the victim F Co., Ltd. in Geumcheon-gu, Geumcheon-gu, Seoul, requested the representative director of the above company to supply 90,000 semiconductors (US$ 162,00) of the above company's company (market price equivalent to US$ 162,00) and made it possible for the Defendant to be supplied with the old semiconductors from the LE-dong chips, a trading company, which is the Defendant trading company, to receive the old semiconductors, from the LE-dong chips, which is chip, and made a false payment of US$ 162,000 ($ 181,683,00 as of exchange rate at the time of exchange rate).

However, in fact, the defendant did not agree to receive the above semiconductors from the Dispute Resolution Co., Ltd., and in order to pay part of the price not paid to the Dispute Resolution Co., Ltd., the defendant had the victim transfer the above amount to the Dispute Resolution Co., Ltd.'s account on behalf of the defendant in order to repay part of the price not paid to the Greenchip Co., Ltd.

There was no intention or ability to supply semiconductors to the injured party.

The defendant deceivings the victim as above and caused the victim to transfer the amount of KRW 181,683,00 to the Greenchips account in the same day and let the victim repay the defendant's debt in lieu of the defendant's debt, thereby acquiring property profits equivalent to the same amount.

2. Determination

A. According to the evidence duly adopted and examined by this court, the defendant's request was made by the injured party to supply the former semiconductors, and the victim's "the victim may directly transfer the price to the bank in charge of the credit rating company, the transaction partner of the Korean agency interest of the above company to the bank in charge of the credit rating company, and the victim's company around August 1, 2017, upon receipt of a request from the injured party to supply the latter semiconductors."

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