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(영문) 서울남부지방법원 2018.09.12 2018고단1022
사기
Text

The defendant shall be innocent.

Reasons

1. On April 2017, the Defendant stated that the Defendant would supply and install kitchen facilities to the victim F through E, who is an employee of the said company, in Seoul Special Metropolitan City, Gwanak-gu building B, and Defendant’s management corporation (hereinafter “D”).

However, the defendant did not have the intention or ability to pay the price properly even if he is supplied with the main equipment, etc. from the damaged person.

Nevertheless, on April 25, 2017, the Defendant: (a) by deceiving the victim; (b) supplied the victim with the main equipment equivalent to KRW 20,239,560 to H located in Sejong-si; and (c) supplied the main equipment equivalent to KRW 1,672,00 to I located in Chungcheongnam-gun, Chungcheongnam-si on May 22, 2017; and (d) supplied the main equipment equivalent to KRW 264,000 to J located in Daejeon-gu, Daejeon-si, Daejeon-si, and then acquired the said equipment by deceptioning the amount of KRW 26,238,740,00 on May 23, 2017.

2. The Defendant asserts that, from the investigative agency to this court, he was aware of the wrong method of payment at the time of entering into the contract, he did not timely pay the price in cash light due to unexpected sudden decrease in sales after he was supplied with the money, and that he did not deceiving F with the criminal intent of defraudation as stated in the facts charged.

The facts charged in this case are that the defendant would pay the price through E even though he did not have the intent or ability to pay the price properly even if he was supplied with the main facilities, etc. from F.

The record reveals that the goods have been acquired by deceiving F, and that is, the following circumstances recognized as follows, i.e., where D received a delivery in connection with the establishment of a new franchise store by entering into a continuous transaction with a supplier, such as facilities or interior services, the above supplier shall establish a new franchise store after the date.

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