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(영문) 전주지방법원 2018.08.09 2017고단2035
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) a person operating a F Office for the purchase and sale of scrap metal in Kim Jong-si; and (b) on September 2014, 2014, the victim G obtained profits from the purchase of scrap metal in order to sell and sell the scrap metal later.

“Around September 2014 to May 2016, 2016, the victim had the victim purchase approximately KRW 500,000,000 from September 2014 to May 2016, and kept the victim in custody.

On May 12, 2016, the Defendant: (a) at the I Office located in Kim Jong-si, Kim Jong-si on May 12, 2016; (b) among the victims, D and the victim, the Defendant guaranteed and held the Defendant liable for the total amount of KRW 1.4 million, such as the amount, from the card and cash services, by April, separate from the amount invested in the scrap metal transaction in D; and (c) the Defendant set up the victim as a collateral for the difference between the Poke and the Poke.

“A written agreement made with the content,” which is written in the written indictment of KRW 140,00,000 as the victim’s debt 1.4 million by selling the victim’s scrap metal, is a clerical error in the victim’s “1.4 million won”.

in lieu of this section, the payment will be made.

2. The term “assumed.”

However, in fact, the Defendant did not have the intent to set up a security against the victim's sporas and spokes, and the sales proceeds of scrap iron were thought to be used for other purposes, such as vehicle installments, office operating expenses, etc., and there was no other property in the name of the victim himself/herself who is able to repay his/her debts in addition to the scrap iron, and there was no other property in the name of himself/herself who is able to repay his/her debts, due to tax delinquency, etc., and there was a difficult economic situation, and thus there was no intention or ability

Nevertheless, the Defendant, by deceiving the victim, was delivered approximately 50 tons of scrap metal equivalent to the same amount that D had been kept in custody through D on the same day from the victim.

2. The defendant's assertion and objection thereto;

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