logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.25 2018고단476
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged Defendant A is a person who runs a stock company B for the purpose of distributing and selling milk products and cosmetics ingredients.

On August 2016, at the victim D office located in Seongdong-gu Seoul Metropolitan Government on the first day of August, 2016, the Defendant made a false statement to the representative director E of the victim company that “on the face of the purchase and delivery of the left portion from F Co., Ltd., the Defendant would pay the price of the goods within two months by selling the left portion.” However, the Defendant traded the left portion with F Co., Ltd. on July 2016, and there was a delay in the price of the goods equivalent to KRW 150 million around the end of 2016. At that time, the Defendant did not have any intention or ability to pay the price even if he received the left portion from the damaged party, since the obligation of the collateral loan was KRW 50 million, KRW 400 million, KRW 120 million, KRW 120 million, and KRW 100 million, KRW 3000,000,000.

On September 9, 2016, the Defendant received from the injured party at the F Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government G a delivery of the amount equivalent to KRW 217,00,000,000 at the market price of 70 tons away, from the victim’s name in secret.

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

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the evidence submitted by the prosecutor alone was proven beyond a reasonable doubt that the Defendant had no intent or ability to pay the amount from the injured party at September 9, 2016, when the Defendant was supplied with a pro rata to the pro rata.

It is difficult to see it.

A. The instant separated land is an item subject to the import right public sale method, and the Defendant’s stock company B (hereinafter “B”) operated by the Defendant awarded a contract for the right to import divided oil from December 2, 2013 and traded with F Co., Ltd. (hereinafter “F”) for the purpose of selling divided oil from December 2, 2013.

B. B is between F and around May 25, 2016.

arrow