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(영문) 수원지방법원 2016.05.13 2016노361 (2)
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant concluded an interview contract for Samsung 4 mobile phones and the above mobile phone distribution contract between the victim and the victim, respectively, and partly paid the price for each of the above sales contract, but there was no deception for the victim at that time.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Comprehensively taking account of the following circumstances revealed in the evidence duly admitted and examined by the lower court and the trial court, the Defendant could fully recognize the fact that the Defendant acquired the proceeds of an interviewer and quorri from the injured party, so the Defendant’s misunderstanding of the facts is without merit.

A. The Defendant asserts to the effect that “the Defendant was unable to accept the victim’s interview with the victim, but the victim did not prepare any balance,” and that “the victim refused to receive the balance and failed to deliver it.”

However, if the victim fulfilled all the obligation to perform a part of the price pursuant to the beauty sale contract and the entertainment sale contract, and ② the victim was difficult to pay the remaining price on November 7, 2013, it appears that the victim’s employee would not have consented to leave China for the purpose of beauty inspection; ③ there is no objection against the victim’s failure to perform the obligation to pay the remainder on the e-mail exchanged with the victim on several occasions on November 2013; ④ the victim was bad credit to the extent that it is difficult for the victim to prepare the price pursuant to the above sales contract on November 1, 2013.

Considering that there is no evidence to see, it is difficult to accept the defendant's assertion.

B. The victim is consistent from the investigative agency to the court of the trial of the party, and consistently, “The defendant will prepare a distribution of refined products distributed through an officer of Samsung Electronic, which is related to him/her, to an abnormal route in the Republic of Korea.

The sales contract was concluded on the basis of the ship.

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