(영문) 대전지방법원 2015.10.07 2015고단1705

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(영문) 대전지방법원 2015.10.07 2015고단1705

사기

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

Reasons

1. Even if the Defendant received the payment of cosmetics from the Chinese victim C (year 37) who is studying in the Korean War University, the Defendant had no intention or ability to supply the victims with the Korean famous cosmetics, such as the Amotos and traffic, designated by the victim, through customs clearance procedures.

Nevertheless, the Defendant entered into a transaction agreement with the victim to deliver the cosmetics to the victim within 30 days if he/she completely pays 20,000 won of the price of the cosmetics at the 11.1.1.1.05, the Defendant’s office in Jung-gu, Daejeon, Daejeon, the end of November 2013 (hereinafter “the instant transaction agreement”), as if he/she were to be able to see the connection with the victim C, and to obtain a sanitary license for the Korean cosmetics that the victim wants, and to supply the cosmetics to the victim through regular customs clearance, and then, he/she took the transaction agreement to deliver the cosmetics to the victim within 30 days if he/she completely pays 20,000 won of the price of the cosmetics at the NA office around December 17, 2013 (hereinafter “the instant transaction agreement”). The sum of KRW 1 million around December 17, 2013; KRW 4.5 million on January 8, 2014 (hereinafter “the instant transaction agreement”).

2. Around October 10, 242,100 bills, including the 136,700 bills, were transferred to a deposit account in a Chinese official bank account in the name of the criminal defendant for the exchange rate of KRW 242,100 as of the date of the institution of public prosecution ( June 4, 2015).

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

2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence of probative value, which can lead a judge to feel true and true, beyond a reasonable doubt. Therefore, if there is no evidence with such probative value, the conviction cannot be rendered even if there is a doubt that the defendant is guilty.

In addition, the establishment of fraud is at the time of such act.

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