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(영문) 수원지방법원 2014.01.15 2013고단2148
사기
Text

The defendant shall be innocent.

Reasons

1. Around September 6, 2012, the Defendant: (a) connected D offices located in Yeongdeungpo-gu, Young-gu, Young-gu to “E”, a site for arranging the sale and purchase of cargo vehicles; (b) 4 times a week, 3,000 won a week, 5,280,000 won a month; and (c) 3,220,000 won a month an additional 5,00 won or more a month; (d) posted a letter of “E,” and then contacted the Victim F to purchase the said cargo (G).

Accordingly, the Defendant made a false statement to the victim that “The Defendant entered 4 times a week in a fixed tri-electronic form, and 330,000 won per time. In addition, the Defendant entered the delivery in a draft or a field, and thus, the Defendant’s priority is guaranteed to KRW 8,500,000 per month sales.”

However, in fact, the above cargo vehicles are not eligible to supply them to Samsung Electronic 4 times a week, and even if they are sold to the victim, the Defendant did not have any intent or ability to guarantee the net income of KRW 8.5 million and KRW 5.5 million.

Nevertheless, the Defendant made a false statement to the victim and had the victim receive KRW 65 million through H, an operator of the above Internet site on the same day.

2. Although the Defendant alleged that he sold the cargo vehicle to F (hereinafter “instant vehicle”) as stated in the facts charged, as stated in the facts charged, the Defendant sold the cargo vehicle (hereinafter “instant vehicle”) to F (hereinafter “I”) as stated in the facts charged, the Defendant did not have deceiving the victim and had no intention to commit the crime of deception.

3. According to the evidence submitted by the Prosecutor, it is difficult to recognize that there is some different facts as to the number of times the Defendant can supply the instant vehicle, among the vehicle advertisements posted through H, to the Samsung Electronic, and it is difficult to recognize that the Defendant deceivings I as to the instant vehicle subject to the transaction, and that it is otherwise recognized.

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