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(영문) 서울동부지방법원 2016.10.25 2016고단687
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was that the Defendant had been operating C with automobile inspection agent and consignment from around November 2012 to around December 201, 2013, and the total capital amount as of the end of December 2013 has reached KRW -35,887,804, and the net loss has reached KRW 45,876,527, and the situation has been continuously omitted. Although there was no other assets than the above company, even if there was no intention or ability to reduce the amount of the consignment service to the victims even if the Defendant did not perform the consignment service, it was said that the Defendant would suspend the service with four consignment officers including the victims from business difficulties, and that the Defendant did not separately pay the victims the amount of the above consignment for the same period from around 64, 2014 to around 64, 208, and had the victims acquire the above consignment service without a considerable amount of money to be paid from around 64, 2014 to the victim’s property interest.

2. The defendant did not deceiving victims and did not intend to acquire the service cost by deception.

3. In full view of the following circumstances submitted by the public prosecutor and the Defendant, it is insufficient to recognize that the submitted evidence alone is insufficient to acknowledge that the Defendant had a criminal intent to acquire the service cost at the time when the Defendant had E and D conduct the consignment service, and there is no other evidence to acknowledge it.

D. E is provided only with basic information on consignment vehicles by C (hereinafter referred to as “C”) and carries out the business accordingly, and is defined only as consignment without basic pay or fixed pay.

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