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(영문) 서울서부지방법원 2016.04.06 2015고단1408
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 is that the Defendant called the victim C on June 10, 2014 to purchase the Vietnamese walk from the seller of Vietnam, and the Defendant would make an investment in the purchase of the walk walk walk walk wal at least KRW 10,00 per box.

The Food and Drug Administration's inspection and customs clearance shall be held responsible, and the two types of goods shall be paid to the small and medium-sized market wholesaler on the day when the customs clearance is completed.

The phrase “ makes a false statement.”

However, in fact, the defendant received money from the injured party and disposed of it with the delivery of both forms, and then appropriated for customs clearance expenses, goods delivery expenses, the defendant's existing expenses, or planned to use it as the down payment, etc. for the future import of the defendant, and there was no intention or ability to pay the principal and the profits even if he received the purchase fund from the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim transfer the purchase price of 21,504,000 won to the seller of Vietnam; and (c) the Defendant acquired the pecuniary benefits equivalent to KRW 21,504,000 by receiving the 350 boxes of Vietnam.

2. As the pattern imported from the perspective of the defendant and his defense counsel had a bad quality and smelled, unlike sampling, it did not intend to acquire pecuniary benefits equivalent to the purchase price for neglect by deceiving the complainant from the beginning.

3. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the evidence submitted by the prosecutor alone, without any reasonable doubt, is in Vietnam, where the Defendant received money from the injured party from the beginning and disposed of the payment, and received and disposed of the payment, and at the pre-existing of the Defendant, the cost of delivery of goods, and the cost of delivery.

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