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(영문) 울산지방법원 2015.04.22 2014고단2935
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who had operated a manufacturer of motor vehicle parts with the trade name “E” from around December 2, 2013 to March 2014.

On December 27, 2013, the Defendant made a false statement that “on the face of the week, the Defendant supplied the automobile parts to the victim in the H office operated by the Victim G located in Yangsan-si, the Defendant would pay the purchase price on the 15th day of each month.”

However, the fact is that the company had failed to pay the price, even if the victim received the automobile parts from the victim, because the company had failed to pay the company's financial resources because of the unreasonable expansion of the company at the time, and the wage for the employees had been delayed.

As such, the Defendant, by deceiving the victim, received from the victim a total sum of KRW 21,538,165 from March 31 to March 6, 2014, and fraudulently acquired the vehicle parts from the victim.

B. On January 9, 2014, the Defendant made a false statement to the victim I’s staffJ at the above E office that “The Defendant would pay online transfers to the victim I’s staff members of the E office for the fixed cost of processing after the end of the month, by no later than 15th day of the following month.”

However, the facts are as follows:

There was no capacity or intent to settle the price as described in the subsection.

The Defendant, as such, deceiving the above J and deceiving it from the victim from the 10th of the same month.

2. 15. Total sum of 1,179,750 won acquired financial benefits equivalent to the same amount.

C. On January 10, 2014, the Defendant made a false statement to the victim K at the above E office that “on the 15th day of each month, the price would be paid if he/she delivers a vehicle part after repairing it.”

However, the facts are as follows:

There was no capacity or intent to settle the price as described in the subsection.

As such, the Defendant, by deceiving the victim and deceiving the victim, constitutes a part of the automobile amounting to KRW 4,452,450 from that time to March 9, 2014.

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