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(영문) 서울중앙지방법원 2017.12.13 2016고단8479
사기
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is that even if the Defendant received money from D, he/she does not have the ability or intent to legally bring in goods, such as clothing, etc., purchased or purchased by wholesale from a foreign country, in the Republic of Korea, from the car page located in the Southern-gu Incheon Metropolitan City, Southern-gu, Incheon, on October 2014 to D through international special postal delivery services (Ems) and legally bring them into Korea and sell them at stores.

The phrase “to take part in a half of the proceeds of the sale of a master’s commodity from November 5, 2014 to December 16, 2014,” and the member received KRW 223,15,500 in total from D to June 16 of the same month as indicated in the list of crimes in attached Table.

2. At the time of the instant case, the Defendant, through the employees of the Defendant working at the Paris site in the Republic of Korea, brought the name goods purchased from the Paris site in the Republic of Korea via ems. However, it was inevitable to refuse it on the ground that D is uneasy to keep high-priced master goods in the hotel, etc., and to enter the goods directly and directly by the customs office, and the business was not carried out properly.

Therefore, the defendant did not deceiving D and did not have the intention to commit fraud.

3. Determination

A. The intent of the crime of deception in fraud shall be determined at the time of the deception. Therefore, in this case, it is a question whether the defendant explained the contents of the business to D as stated in the facts charged and had the intent and ability to promote the project in accordance with the explanation at the time of receiving investment funds or loans.

B. In light of the following circumstances recognized by the record, the evidence so submitted by the Defendant alone has been lawfully brought into Korea through ems, the master goods already purchased in Europe at the time of receiving investment funds or loans from D.

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