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(영문) 서울남부지방법원 2016.06.17 2015고정1754
사기
Text

The defendant shall be innocent.

Reasons

1. On July 19, 2012, the Defendant stated in the instant charge that “H” on the first floor operated by the victim U located in the Jung-gu Seoul Metropolitan Government G market, “I would pay the price for the Hein within one month, on the face of the week,” and “I would deliver the Hein.”

However, since the company that the defendant operated was liable to pay more than one billion won at the time, and the financial situation has deteriorated, even if he was supplied to the injured party, he did not have any ability or intent to pay the price within one month.

The Defendant was supplied with 3,384,000 the Hague 2,520 supply from the injured party, which is equivalent to the market price of KRW 3,384,00.

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

2. According to the evidence duly admitted and adopted by this court, the court held that the Defendant F Co., Ltd. (hereinafter “F”) supplied goods to the injured party and did not pay the price. The Defendant’s failure to pay the price at the end of 2012 can be acknowledged. However, the following circumstances acknowledged by the evidence, namely, the victim operated the Defendant.

Before three years from F and three years, three times have been traded, and the Defendant paid the price for goods normally, and around July 2012, the F’s financial right liabilities amounting to approximately KRW 2 billion, but even around 2011, even though the F’s financial right liabilities amount to KRW 1.89 billion, the F’s financial right liabilities amount to KRW 1.89 billion, and the net income amount per year 201, compared to the year 2010, was increased to KRW 80 million, and the short-term loans amount to KRW 618,350,000, compared to the year 2010, the amount of the F’s short-term loans increase to KRW 618,350,00,000 for assets, such as land and buildings, were deemed to have been used for the investment of facilities, and the F and the employee directly visited the buyer with the goods and the victim.

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