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(영문) 서울북부지방법원 2017.09.01 2016노2190
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the purpose of the police officer around November 2014.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged No. 1, the issue of this part of the facts charged is whether the Defendant had an intention or ability to supply sprinks by September 1, 2014.

However, in view of the fact that the Defendant had the ability to supply the clothing to the victim until September 1, 2014, the Defendant failed to submit any evidentiary materials, the Defendant failed to perform his/her obligation despite having promised to perform his/her obligation several times, and the contents of the note sent to the victim, etc., the Defendant had the aforementioned capacity.

It does not seem that it does not appear.

Nevertheless, the court below erred by misunderstanding the facts.

B. In light of the statements of the victim and the facts that other victims filed several complaints against the Defendant by fraud as to the facts charged Nos. 2, the Defendant appears to have no intention to supply the victim with labor.

Nevertheless, the court below erred by misunderstanding the facts.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment with the following changes in the indictment at the time of the trial. Since this court permitted this, the judgment of the court below is no longer maintained.

[Revised facts charged] The Defendant is a de facto operator of “D”, which is a clothing import company.

1. On July 17, 2014, around July 2014, the Defendant ordered the Victim G to the extent of 2,000-3,000 in the “F” coffee shop located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

A false statement stating to the effect that 53,155,212 won in advance is to be supplied from around August 2014 to around September 2014, the amount of KRW 53,155,212 was remitted from the injured party as the price for the supply of the sprink.

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